February 13, 1974 (8 pages)

$5-million suit filed © against gravel firm _ The bitterly contested use permit for Terex Company and Hansen Brothers Enterprises Inc. to operate a gravel operation on Greenhorn Creek is ~ the basis of a $5 million damage suit filed this week in Superior Court. _The county, Hansen Brothers and Terex Corporation and their respective presidents, Arlie Hansen and Ben Z. Katz, are _named as defendants. — Nevada City attorneys Harold A. Berliner and Richard -F. Ellers filed the action in behalf of Robert Lawton, Mr. and Mrs. Ivan C. Hodge, Michael W. Hall, Mr, and Mrs. Fredrick H. Naumann and Mr. and Mrs. Donald Fisher. The complaint alleges it also is a class action A suit involving in excess of 200 persons who live within 10,000 feet of the property covered by the permit; and others who live hazards, road safety, noise standards, denial of access, speed and hours of trucks, spraying for dust, limitations of equipment. ; The complaint contends that Terex and Hansen have maintained the premises in such a manner’ as to annoy and cause damage to the plaintiffs. It states on Jan. 11, 1972, a use permit was granted to Terex and Hansen permitting ‘‘gravel excavation, screening, crushing and sale’? upon certain real property in Nevada county. Attached to the complaint is the “Notice of Amended Conditional Approval Use © Permit Application’. The complaint contends that plaintiffs repeatedly have advised _ the planning department and commission on or have access to their and board of supervisors of the property over the Red Dog-You BRENDA CHORMICLE of 414 East Ridge Road was so concerned with the safety of her three year old son John when he fell out of the car Wednesday morning that in her anxiety to rescue him she failed to put on the brakes and smashed into the family home. Picture is from a bedroom looking out. Minor damage for the car with extensive structural damage to the building but little John was not ; ‘hurt, just a little shaken. Bet Road. oe alleged violations, but ‘have ieno relief of abatement from The complaint seeks $5 million in exemplary damages from Terex and Hansen, but asks for The Notice Of Amended no monetary compensation from Conditional Approval of the Use the county. The court is asked to Permit Application designated stop Terex and Hansen, as “Exhibit A” lists 17 temporarily and permanently,’ conditions as originally set forth from conducting any operation in the. planning commission upon the described in approval and subsequently the permit, which would inyolve modified by supervisors. It also 10 ~=—-statements excavating, processing, outlines “represented by the permittee,”’ extraction, storage, sale or and eight items related to the transportation of gravel or other amount of rock products. It also requests “maximum an order stopping them from equipment to be used in In other action the board will bringing gravel or other rock operation as represented by Michael Fowler of Diversified of recreational areas under their offer the Auburn Greens product extracted from outside permittee.” Davis-Grunsky contract. The Investments, Inc., Friday proposed to Nevada Irrigation concessionaire agreements now Homeowners Association a flatthe property on to that property The complaint alleges that District directors that his in existence have meant losses rate water charge of $8 per for processing, storage, sale, “Use Permit No. 682A granted month. Several proposals were transportation or any other organization be given the for NID in recent years. by the county is void, because its One portion of the proposal discussed but it was felt that a purposes. A judgment declaring concessionaires lease for Scotts language is unclear and Flat Reservoir and be allowed to which would have to be worked monthly rate with regular meter the rights and duties of the indefinite; it is impossible to construct approximately 60 out is the stipulation that Scotts readings would be the best as it parties is sought. Attorney fees understand or enforce.” Flat be a separate conwould cut down on water waste. and court costs are requested. cabins at the lake. Directors also agreed to send The cabins would be leased to cessionaire . agreement The permit worked its way Alleged violations of a letter to the developer of a conditions of the permit are: ‘through separated from the Rollscott the general public for periods the planning not to exceed two weeks at a Corporation who currently. hold ° proposed subdivision near Unauthorized plant location, commission in October of 1971. . Auburn Valley Country Club and road design construction (a In December of the same year time. NID would receive the Franchise. In arelated matter the board inform him that NID is unable to permit condition requires supervisors held‘a_ public $140,000 initially and approximately $84,000 a year gave the go ahead to Cranmer furnish water to his developcorrection of design problems of hearing oh the appeal but , Engineering to complete plans ment. thereafter. Red Dog and You Bet Roads), “tabled”’ it. In the last meeting . Placer county’s board of enclosed dust reduction system, of the year they failed to take it Board members looked for second-stage recreation favorably on the proposal but construction under their Davissupervisors have already removal of foliage, dust control, “off the table.’’ On Jan. 11, 1972 rejected the formation of a operating in Greenhorn Creek, the board voted 3-2 to approve delayed action until their next Grunsky contract. be to special services district in the recreation interference, health the permit. project, the Cost of meeting Feb. 22. Several area and NID has had con$450,000. is 1975, in members noted that the completed be siderable difficulty in comwould to facilities NID new The allow would proposal Private cabins proposed _— wettnns peal eat for Scotts Flat reservoir receive revenue that could be located at Jackson Meadows, used for third-stage construction Rollins and Scotts Flat Reservoirs. A condition to the NID approval was the stipulation that the state water resources board approve the plan. Under the original agreement secondstage facilities would cost about $630,000 but Cranmer is hoping the state will approve the smaller figure which cuts out or Align Wheels $9.95 Rotate & Balance All Four Tires $4.00 Additional RECAPPING SERVICE PLAZA TIRE CO., INC. a BEHIND SPD 265.4642 . dd : Cooperation with law the one for the Sherwood Forrest officers aids community Valley. Auburn Greens unit number 2 water distribution system and subdivision in rural Grass ‘Baked goods . sale Saturday “Full cooperation between theft, auto theft or other crime: citizens and: law enforcement * “Crime affects all of us. It makes a safer, and happier costs us money, loss of property, place to live,’’ advises Vince higher taxes, and sometimes Seck, Grass Valley’s Chief of loss of freedom. When a person reports something suspicious it delayed would come under stage The Camptonville Police. three which is scheduled for Improvement Association will “This also means reporting helps not only his neighbor but completion in 1985. have a Baked Goods Sale in suspicious people, vehicles, and. himself as well.” “There are thirteen police front of the store in Campcircumstances when the event is NEVADA CITY tonville at 10:30 a.m. on happening,’’ states the chief. He officers in Grass Valley. But, Saturday, Feb. 16, to raise funds goes on to say, “‘It’s especially there are over 5,000 people,”’ for new fire hoses for the town. important when the event is notes the Chief. ‘If we all watch out for each other, we can make — Anyone wishing to donate happening.” Presents our area an even safer, better Chief Seck observes that most baked goods is asked to contact Cae "Tom & Dink’: Show place in which to live.” law enforcement agencies would Sharon Fraley in Camptonville. ‘i '* Every Fri. & Sat. Nite Need a Grass Valley Police The next meeting of the rather respond to reports from CRAZY HORSE SALOON } . delays some facilities. Those municating with the developer. The board also approved 4 ~ DANCING Hat ~ Budweiser on Tap \. COCKTAILS fy p VQBEN 5. PAMe «. Phone 273-3321. Camptonville Improvement concerned citizens that resulted Officer? Association will be held on in nothing unusual, than to have Keeping the number handy can the, one ,person overlook. something . protect both you and your .at." . . 7;30hop.mol .4 .atle sc h vil rcton Ma “that ‘resulted ina’ burglary; famil amp '-C yi es as he aks eth a Pee a > i

$5-million suit filed © against gravel firm _ The bitterly contested use permit for Terex Company and Hansen Brothers Enterprises Inc. to operate a gravel operation on Greenhorn Creek is ~ the basis of a $5 million damage suit filed this week in Superior Court. _The county, Hansen Brothers and Terex Corporation and their respective presidents, Arlie Hansen and Ben Z. Katz, are _named as defendants. — Nevada City attorneys Harold A. Berliner and Richard -F. Ellers filed the action in behalf of Robert Lawton, Mr. and Mrs. Ivan C. Hodge, Michael W. Hall, Mr, and Mrs. Fredrick H. Naumann and Mr. and Mrs. Donald Fisher. The complaint alleges it also is a class action A suit involving in excess of 200 persons who live within 10,000 feet of the property covered by the permit; and others who live hazards, road safety, noise standards, denial of access, speed and hours of trucks, spraying for dust, limitations of equipment. ; The complaint contends that Terex and Hansen have maintained the premises in such a manner’ as to annoy and cause damage to the plaintiffs. It states on Jan. 11, 1972, a use permit was granted to Terex and Hansen permitting ‘‘gravel excavation, screening, crushing and sale’? upon certain real property in Nevada county. Attached to the complaint is the “Notice of Amended Conditional Approval Use © Permit Application’. The complaint contends that plaintiffs repeatedly have advised _ the planning department and commission on or have access to their and board of supervisors of the property over the Red Dog-You BRENDA CHORMICLE of 414 East Ridge Road was so concerned with the safety of her three year old son John when he fell out of the car Wednesday morning that in her anxiety to rescue him she failed to put on the brakes and smashed into the family home. Picture is from a bedroom looking out. Minor damage for the car with extensive structural damage to the building but little John was not ; ‘hurt, just a little shaken. Bet Road. oe alleged violations, but ‘have ieno relief of abatement from The complaint seeks $5 million in exemplary damages from Terex and Hansen, but asks for The Notice Of Amended no monetary compensation from Conditional Approval of the Use the county. The court is asked to Permit Application designated stop Terex and Hansen, as “Exhibit A” lists 17 temporarily and permanently,’ conditions as originally set forth from conducting any operation in the. planning commission upon the described in approval and subsequently the permit, which would inyolve modified by supervisors. It also 10 ~=—-statements excavating, processing, outlines “represented by the permittee,”’ extraction, storage, sale or and eight items related to the transportation of gravel or other amount of rock products. It also requests “maximum an order stopping them from equipment to be used in In other action the board will bringing gravel or other rock operation as represented by Michael Fowler of Diversified of recreational areas under their offer the Auburn Greens product extracted from outside permittee.” Davis-Grunsky contract. The Investments, Inc., Friday proposed to Nevada Irrigation concessionaire agreements now Homeowners Association a flatthe property on to that property The complaint alleges that District directors that his in existence have meant losses rate water charge of $8 per for processing, storage, sale, “Use Permit No. 682A granted month. Several proposals were transportation or any other organization be given the for NID in recent years. by the county is void, because its One portion of the proposal discussed but it was felt that a purposes. A judgment declaring concessionaires lease for Scotts language is unclear and Flat Reservoir and be allowed to which would have to be worked monthly rate with regular meter the rights and duties of the indefinite; it is impossible to construct approximately 60 out is the stipulation that Scotts readings would be the best as it parties is sought. Attorney fees understand or enforce.” Flat be a separate conwould cut down on water waste. and court costs are requested. cabins at the lake. Directors also agreed to send The cabins would be leased to cessionaire . agreement The permit worked its way Alleged violations of a letter to the developer of a conditions of the permit are: ‘through separated from the Rollscott the general public for periods the planning not to exceed two weeks at a Corporation who currently. hold ° proposed subdivision near Unauthorized plant location, commission in October of 1971. . Auburn Valley Country Club and road design construction (a In December of the same year time. NID would receive the Franchise. In arelated matter the board inform him that NID is unable to permit condition requires supervisors held‘a_ public $140,000 initially and approximately $84,000 a year gave the go ahead to Cranmer furnish water to his developcorrection of design problems of hearing oh the appeal but , Engineering to complete plans ment. thereafter. Red Dog and You Bet Roads), “tabled”’ it. In the last meeting . Placer county’s board of enclosed dust reduction system, of the year they failed to take it Board members looked for second-stage recreation favorably on the proposal but construction under their Davissupervisors have already removal of foliage, dust control, “off the table.’’ On Jan. 11, 1972 rejected the formation of a operating in Greenhorn Creek, the board voted 3-2 to approve delayed action until their next Grunsky contract. be to special services district in the recreation interference, health the permit. project,

the Cost of meeting Feb. 22. Several area and NID has had con$450,000. is 1975, in members noted that the completed be siderable difficulty in comwould to facilities NID new The allow would proposal Private cabins proposed _— wettnns peal eat for Scotts Flat reservoir receive revenue that could be located at Jackson Meadows, used for third-stage construction Rollins and Scotts Flat Reservoirs. A condition to the NID approval was the stipulation that the state water resources board approve the plan. Under the original agreement secondstage facilities would cost about $630,000 but Cranmer is hoping the state will approve the smaller figure which cuts out or Align Wheels $9.95 Rotate & Balance All Four Tires $4.00 Additional RECAPPING SERVICE PLAZA TIRE CO., INC. a BEHIND SPD 265.4642 . dd : Cooperation with law the one for the Sherwood Forrest officers aids community Valley. Auburn Greens unit number 2 water distribution system and subdivision in rural Grass ‘Baked goods . sale Saturday “Full cooperation between theft, auto theft or other crime: citizens and: law enforcement * “Crime affects all of us. It makes a safer, and happier costs us money, loss of property, place to live,’’ advises Vince higher taxes, and sometimes Seck, Grass Valley’s Chief of loss of freedom. When a person reports something suspicious it delayed would come under stage The Camptonville Police. three which is scheduled for Improvement Association will “This also means reporting helps not only his neighbor but completion in 1985. have a Baked Goods Sale in suspicious people, vehicles, and. himself as well.” “There are thirteen police front of the store in Campcircumstances when the event is NEVADA CITY tonville at 10:30 a.m. on happening,’’ states the chief. He officers in Grass Valley. But, Saturday, Feb. 16, to raise funds goes on to say, “‘It’s especially there are over 5,000 people,”’ for new fire hoses for the town. important when the event is notes the Chief. ‘If we all watch out for each other, we can make — Anyone wishing to donate happening.” Presents our area an even safer, better Chief Seck observes that most baked goods is asked to contact Cae "Tom & Dink’: Show place in which to live.” law enforcement agencies would Sharon Fraley in Camptonville. ‘i '* Every Fri. & Sat. Nite Need a Grass Valley Police The next meeting of the rather respond to reports from CRAZY HORSE SALOON } . delays some facilities. Those municating with the developer. The board also approved 4 ~ DANCING Hat ~ Budweiser on Tap \. COCKTAILS fy p VQBEN 5. PAMe «. Phone 273-3321. Camptonville Improvement concerned citizens that resulted Officer? Association will be held on in nothing unusual, than to have Keeping the number handy can the, one ,person overlook. something . protect both you and your .at." . . 7;30hop.mol .4 .atle sc h vil rcton Ma “that ‘resulted ina’ burglary; famil amp '-C yi es as he aks eth a Pee a > i