Shadowrock Goes to the Voters
July, 2007 - The Referendum petition against the 10 year extension of the Shadowrock Development Agreement was certified as sufficient by the Palm Springs City Clerk on July 12. The Palm Springs City Council, on July 26, voted unanimously to place the Referendum on the November 7, 2007 ballot, which is the City's next municipal election. According to the City staff report, the City Council decision to extend the 13 year old Development Agreement for another 10 years is on hold until Citizen's vote on the Referendum.
In part, the decision to postpone the election until 2007 was to save the City money, but it was also at the recommendation of the City Attorney who forecasts some likelihood that the Sierra Club and the Center for Biological Diversity will prevail in their lawsuit against the City's decision to extend the Development Agreement. If they do prevail, then there will no longer be a need to vote on the Referendum, and Shadowrock will need to go back to the drawing board and submit a new proposal. (courtesy of Save Our Mountains. Click the link for more information.)
Court Rules Against Shadowrock
May 16, 2007 - Superior Court Judge Harold Hopp issued a preliminary injunction today to prevent Shadowrock from grading in the heart of Chino Canyon. The Sierra Club and the Center for Biological Diversity asked the Court to enjoin the developer from grading until the court could rule on their lawsuit claiming that the City of Palm Springs had illegally extended the Shadowrock Development Agreement. The Court agreed with the Sierra Club and the Center, finding that there was a likelihood they would prevail, and that if grading were to proceed, the damage to Chino Canyon would be irreparable.
The ruling protects Chino Canyon and the voter's right of referendum. According to D. Wayne Brechtel, Sierra Club legal counsel, "Shadowrock was hoping to do some grading so that it could claim it had vested its development rights and no longer needed the ten-year extension that is scheduled for a public vote this November. The court put the brakes on the ill-advised plan and put Shadowrock on notice that it cannot circumvent the court's jurisdiction or the voter's right of referendum." (courtesy of Save Our Mountains. Click the link for more information.)
All photos credit: Tom Brewster Photography unless otherwise specified. Katherine Siva Saubel photo credit: Greg Day
