HOLLISTER
A group called the Friends of Tres Pinos filed a lawsuit Thursday alleging that the county violated state environmental law in its approval of a zone change for the Spur Hotel.
According to court documents, the suit is against San Benito County, the San Benito County Board of Supervisors and hotel developers Jae and John Eade. The Friends of Tres Pinos are asking the county to cancel its previous project approvals and “comply with all provisions of the (California Environmental Quality Act), local and state planning laws and other applicable laws prior to further consideration of the project.”
The group also wants to prevent anyone from “engaging in any physical activity connected with the project” until the suit is resolved.
Deputy County Counsel Shirley Murphy confirmed Friday that the county had been served with the lawsuit. But Murphy said she had not yet had a chance to discuss it with the board of supervisors.
Attorney Paul Rovella, who has represented the Eades at previous county meetings, did not return a Free Lance phone call before deadline Friday.
On Oct. 23, the supervisors voted 3-2 to approve a change from residential to commercial zoning for the proposed hotel site, near the intersection of Highway 25 and Southside Road in Tres Pinos. At the time, the county planning department provided the board with a document stating that all of the hotel’s environmental impacts could be mitigated. Board Chairman Don Marcus also noted that the Eades had agreed to pay any county costs arising from a lawsuit against the decision.
The decision alleges that the supervisors broke state law by not approving a “mitigated negative declaration” with the zone change.
In the suit, attorneys Cory Briggs and Rose Zoia add: “In any event, the (mitigated negative declaration) is inadequate because the record supports a fair argument that the project and hotel may create significant environmental impacts.”
Briggs and Zoia did not immediately return Free Lance phone calls.
