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Saturday, May 9, 2026 at 8:44 AM

Fernley City Council authorizes appeal of canal lawsuit dismissal

Fernley City Council authorizes appeal of canal lawsuit dismissal

Robert Perea, The Fernley Reporter

Fernley’s fight to stop the lining of the Truckee Canal has at least one more round.

The City Council voted Wednesday night to authorize its legal team to appeal a U.S. District Court judge’s dismissal of its lawsuit seeking to stop the Bureau of Reclamation from lining a portion of the canal through Fernley.

U.S. District Court Judge Miranda Du dismissed that lawsuit December 13. In her order dismissing the suit, Du didn’t address the city’s claims of damages that would be caused by the lining of the canal, but rather said her decision was because the interests of the City and the private intervenors in the case are economic, not environmental.

David Rigdon, the attorney representing the City on the case, said the city’s complaint is based on the BOR’s Environmental Impact Statement, which doesn’t address the city’s claims that it and private well owners would be harmed by the loss of water seeping into the ground from the canal.

“This litigation is about their EIS,” Rigdon said. “We are alleging they are deficient.”

Rigdon told the council Wednesday night that the dismissal of the suit was with prejudice, which means the city cannot refile the case making the same arguments.

“This wasn’t about the merits of their EIS, it was purely whether the City could assert an interest,” Rigdon said. “It’s a pretty dramatic result, one we are quite disappointed with.”

On January 10, the City filed a petition with the court seeking to amend its complaint.

If that petition is denied, the case would be over, unless the City files an appeal to the Ninth Circuit Court of Appeals in San Francisco. The Council voted 3-2, with Council members Albert Torres, Fran McKay and Ray Lacy in favor and Felicity Zoberski and Stan Lau opposed, to authorize its legal team to file an appeal in the Ninth Circuit Court of Appeals if the District Court denies its petition to amend its complaint.


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Comment author: Alan ReederComment text: Great guy, laughed easily, had fun with his students, enjoyed our time together at FHS!Comment publication date: 4/23/26, 10:23 PMComment source: Howard David JacksonComment author: Jack & Nancy CookComment text: Wonderful man. Created a precious family with Linda. Will always respect and admire his contribution to teaching at FHS.Comment publication date: 4/18/26, 10:27 AMComment source: Howard David JacksonComment author: JeffDickersonComment text: Very well reported, even though our motion was denied.Comment publication date: 4/15/26, 11:05 AMComment source: Judge allows Fernley City Council to proceed with corrective agenda item in Lau expulsion caseComment author: Todd fossumComment text: Hi my name is todd fossum i'm clarence's stepson, I was wondering if he had any siblings. I think he said he had a sister that just survived cancer. If she can get ahold of me or any buddy, my number is 916. 3 4 3 1 1 7 7.Thank you have a blessed dayComment publication date: 1/16/26, 4:33 PMComment source: Clarence L Shields C Comment author: Carl HagenComment text: So just curious, what is the point of a franchise agreement if it is not exclusive?Comment publication date: 12/15/25, 4:18 PMComment source: Council approves non-exclusive franchise agreement for waste collection C Comment author: Christine S GleasonComment text: In the first photo, the woman in the middle, wearing the black shirt, is SaraH Jean Gleason. She is not an FHS Leadership Student but is the person who is responsible (with the help of her father) for starting the Fernley Community Thanksgiving Dinner in 2011. She attended this year's dinner while home from Arizona State University, where she is working on her PhD.Comment publication date: 12/8/25, 8:52 PMComment source: About 400 meals served at Community Thanksgiving Dinner
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