Suit Fights Buttes Land Split
By Robert LaHue, Appeal-Democrat, Marysville, Calif.
Jan. 4–The Yuba Historical Society filed a lawsuit Thursday challenging a controversial land split near the Sutter Buttes.
The society brought its writ of mandate against Sutter County and the Board of Supervisors. Sutter Buttes Ranch LLC and Lucy and Pramod Kumar are named as real parties in interest.
Last month, supervisors approved a request by the Kumars to split two parcels totaling 897 acres into 13 parcels, varying from 21 to 82 acres.
“Our goal is for the county to reverse its decision,” said Daniel Barth, the society’s president.
The lawsuit, filed in Sutter County Superior Court, alleges the county violated the California Environmental Quality Act by not performing an environmental impact report on the parcel split, violated state planning and zoning laws by granting the Kumars a variance on the parcel split, and violated the county general plan, which includes a section on preserving the Buttes.
“Development of these 13 newly created parcels … may have significant environmental impacts on the Sutter Buttes,” the lawsuit said.
“The supervisors misinterpreted the zoning law,” said Barth.
Lucy Kumar said she and her husband had not yet seen the lawsuit.
“Once we read it, then we will have comments,” Kumar said.
County Administrator Larry Combs also said he had not seen the suit and declined comment.
The Kumars have said the parcel split is for estate planning purposes and they have no intention to construct anything on the parcels at this time.
Prior to the supervisors’ Dec. 4 meeting, Barth and the Yuba Historical Society, along with the Middle Mountain Foundation, a local land use watchdog organization, joined forces to oppose the proposal.
Supervisors approved the parcel split 3-2, with Larry Montna, Jim Whiteaker and Stan Cleveland voting in favor.
Barth said the society wants to force the county to “start over” on the parcel split project.
In announcing the legal action, the society said it “hopes that this litigation will be settled out of court, and rather than a subdivision, the land be turned into a regional park.”
The society is headquartered in Marysville. Barth lives in Butte County.
The lawsuit said the society brought the case “on behalf of its members, who include residents of Sutter County …”
No hearing date was set.
Appeal-Democrat reporter Robert LaHue can be reached at 749-4713. You may e-mail him at rlahue@appealdemocrat.com.
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