Developer John Saca, who once sought to build two 53-story condominium towers in downtown Sacramento, has suffered a serious legal setback in his effort to build a 46-foot-tall, 30,000-square-foot mansion in Arden Oaks.

In response to a lawsuit filed by Saca’s prospective neighbors, the 3rd District Court of Appeal said the county’s 30-foot height limit applies to Arden Oaks, one of the county’s most affluent communities.

The 25-page, unpublished opinion affirms an earlier decision by Sacramento Superior Court Judge Patrick Marlette. His ruling overturned a green light given to the project by the county’s Board of Zoning Appeals.

The three-justice appeal panel, however, sent back to Marlette the issue of whether Saca and/or the county board should pick up attorneys’ fees incurred by Save Arden Oaks, a group of 100 of its residents living on 64 properties. They sued after the board approved Saca’s proposal.

Saca and his attorney, Port Parker, and Deputy County Counsel Thomas Parker, who represents the Board of Zoning Appeals, did not respond to phone messages seeking comment.

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