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PEOPLE OF CALIFORNIA v. TAHOE REGIONAL PLAN AGENCY

No. 84-2355.

766 F.2d 1308 (1985)

The PEOPLE OF the STATE OF CALIFORNIA ex rel. John VAN DE KAMP, Attorney General of the State of California, Plaintiff-Appellee, v. The TAHOE REGIONAL PLANNING AGENCY, a Separate Legal Entity Created by Bi-State Compact, Defendant-Appellant. LEAGUE TO SAVE LAKE TAHOE, a Non-Profit California Corporation, Plaintiff-Appellee, v. The TAHOE REGIONAL PLANNING AGENCY, a Separate Legal Entity, and Does 1-100, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1985.

Attorney(s) appearing for the Case

John K. Van de Kamp, Atty. Gen., N. Gregory Taylor, Asst. Atty. Gen., Richard M. Skinner, Dep. Atty. Gen., Sacramento, Cal., for People of State of Cal., et al.

E. Clement Shute, Jr., Shute, Mihaly & Weinberger, San Francisco, Cal., for League to Save Lake Tahoe.

Heaton, Doescher & Owen, Ltd., Gary A. Owen, Carson City, Nev., for Tahoe Regional Planning Agency.

Lawrence L. Hoffman, Hoffman, Lien, Faccinto & Spitzer, Tahoe City, Cal., for Tahoe Sierra Preservation Counsel.

J. Dennis Crab, Tahoe Basin Asso. of Governments, South Lake Tahoe, Cal., for Tahoe Basin Asso. of Governments.

Before ANDERSON and CANBY, Circuit Judges, and NIELSEN, District Judge.

NIELSEN, District Judge:

The Tahoe Regional Planning Agency appeals from the district court's grant of a preliminary injunction enjoining it from approving any project development or construction in the Lake Tahoe Basin in the absence of its compliance with the Tahoe Regional Planning Compact of 1980. We affirm.

I. FACTUAL BACKGROUND

A. The Tahoe Regional Planning Compacts

In 1968, the states of California and Nevada entered into...

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