Despite an offer to take a lie-detector test to prove his innocence, a California physician was told Wednesday he has 30 days to reach a settlement with the Tahoe Regional Planning Agency for allegedly poisoning 10 trees to improve the view at his former Lake Tahoe home, or he will be sued in federal court.
And any agreement between the bi-state agency and Dr. Cam Lindberg will come with a fine of up to $50,000, TRPA's governing board agreed in rejecting calls for a substantially reduced penalty.
"I think $50,000 is, if anything, inadequate," said Jerome Waldie, a former congressman and the California Senate's appointee to TRPA. "I would not be satisfied with less than $50,000."
Lindberg and his lawyer repeatedly claimed he has no idea who used rock salt to poison 10 red and white fir trees that later died. TRPA officials say the act opened up views of Lake Tahoe from the South Lake Tahoe residence, substantially increasing the value of a home that later sold for $800,000.
"It was a shock to find out that this occurred," Lindberg told TRPA officials during Wednesday's show-cause hearing. "We never really were angry at those trees. My wife and myself felt those trees were handsome."
Lindberg's lawyer, Mike Johnson, said his clients had nothing to do with the poisoning. The poisoned trees were discovered in August 2004 by TRPA inspectors responding to a request by the property owner for permits to remove dead or diseased trees from his land.
"What is the point in punishing somebody who did nothing wrong?" Johnson asked Wednesday. He said Lindberg is willing to undergo a polygraph examination to prove he had no knowledge of the act.
"We're trying to convince you of our innocence and this is the only way to do it," Johnson said.
TRPA officials didn't discuss a lie detector. Some governors insisted the Lindbergs are liable for the action as property owners even if they had nothing to do with it.
"It is not always clear when there is environmental damage on a property who is responsible," said Mara Bresnick, the California Assembly Speaker's appointee to the board.
"There needs to be some civil penalty," Bresnick said. "The property owner has responsibility for acts that occur on his or her property."
Some TRPA governors said they believed Lindberg and that any penalty should be substantially less than the recommended $50,000.
Carson City Supervisor Shelly Aldean said there is a "tremendous difference" between this case and another in which a north Lake Tahoe property owner admitted to poisoning trees with herbicide to improve his view. TRPA imposed a $50,000 fine against that man in May.
"I feel strongly it should be $50,000 or even more," countered Coe Swobe, Nevada's at-large appointee.
The board agreed $50,000 would be the maximum penalty assessed and directed the parties to attempt to reach a settlement within the next month. If not, a suit will be filed by the agency against Lindberg in U.S. District Court, the board agreed.