Developers ask court for zone change

Thursday, May 7, 1998 | 2:40 a.m.

The Crestmore Village Apartments Limited Partnership filed suit Wednesday in District Court against Douglas County and the county commission.

The complaint follows the commission's denial of plans for Crestmore Village, a 40-unit affordable housing complex proposed for five acres on Elges Lane.

Backers of Crestmore had asked the county to approve a multi-family residential overlay zone for the property, which now has a zoning designation for single-family homes on 12,000-square-foot lots.

The Douglas County Planning Commission and Community Development Department planners had recommended approval of the zone change, stating it fit with the county's 1996 master plan.

But county commissioners denied the request, based on concerns about changing the master plan. County planners revised their report to support the commission's decision.

Crestmore lawyer Bill Huss says the commissioners were out of line, calling their actions "arbitrary, capricious, unlawful and an abuse of discretion."

The complaint seeks a court order granting the zone change, unspecified damages in excess of $10,000, and a determination that the project is consistent with the master plan.