A Contra Costa County Superior Court Judge denied a suit brought by landowners Linda and Steven Wight that would have overturned the City of Lafayette's denial of a Phase II permit on their 9,600 square foot home on 13.66 acres at the end of Monticello Road.
As the long and controversial proposed home project wrapped up last year, the Wights promised they would sue the city if the Phase II building permit was denied. In May 2015, after years of meetings, the project's Phase II permit was indeed denied by the Lafayette City Council on the grounds that the property required excessive grading and that the home failed to comply with design guidelines, and that its construction would create health hazards and be a nuisance to neighbors.
The Wights said they were unhappy with the city's decision after spending a considerable amount of time, effort and money - even hiring a new architectural team to draw up a completely fresh set of plans - and agreeing on a number of concessions to mitigate construction concerns.
They filed suit on July 23, 2015, complaining through their attorney David Bowie that the denial of the Phase II application was "an abuse of discretion because the decision was not supported by appropriate findings, and the findings were not supported by substantial evidence."
In a tentative filing April 16, Judge Judith Craddick of Contra Costa County Superior Court saw it differently, stating that the "Petitioners' argument does not find support in California law."
As the long and controversial proposed home project wrapped up last year, the Wights promised they would sue the city if the Phase II building permit was denied. In May 2015, after years of meetings, the project's Phase II permit was indeed denied by the Lafayette City Council on the grounds that the property required excessive grading and that the home failed to comply with design guidelines, and that its construction would create health hazards and be a nuisance to neighbors.
The Wights said they were unhappy with the city's decision after spending a considerable amount of time, effort and money - even hiring a new architectural team to draw up a completely fresh set of plans - and agreeing on a number of concessions to mitigate construction concerns.
They filed suit on July 23, 2015, complaining through their attorney David Bowie that the denial of the Phase II application was "an abuse of discretion because the decision was not supported by appropriate findings, and the findings were not supported by substantial evidence."
In a tentative filing April 16, Judge Judith Craddick of Contra Costa County Superior Court saw it differently, stating that the "Petitioners' argument does not find support in California law."
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Lamorinda Weekly, Moraga CA