Court Victory for County and Homeowners


Court Victory for County and Homeowners

Marin County Counsel won a victory for homeowners on December 5, 2014 when the Court denied SPAWN's request for an injunction in San Geronimo Valley. Judge Paul Haakensen ruled against SPAWN because the injunction would have affected the rights of homeowners who were given no opportunity to address the impact of the injunction. Families can once again apply for permits, including home improvements located within 100 feet of streams.

SPAWN had requested a "suspension" of any and all future project or development within the Stream Conservation Area of the Valley (about 900 parcels). This followed the 24-month building moratorium from 2009-2011, and an 18-month injunction against permits from 2012-2014. The previous injunction was overturned by the Court of Appeal.

The County will prepare the Supplemental Environmental Impact Report for the 2007 Countywide Plan, as ordered by the Court of Appeal. June 11, 2015 is set for the status conference on the SEIR.

Meanwhile, the County will process permit applications for individual projects under the 1994 Countywide Plan (currently in effect for SG Valley). The County stated it will provide notice to SPAWN and the public of permit applications within the stream area.

Todd Steiner of SPAWN said, "In the interim, we will challenge anyone who tries to build in San Geronimo Valley." (As quoted in December 6, 2014 Marin Independent Journal.)