A Monte Sereno couple who oppose the controversial 36-home Hacienda Inn development have filed a lawsuit in Santa Clara County Superior Court asking that an environmental impact report be completed before the first shovel of dirt is turned.

Shahab and Elham Hatam-Tabrizi, whose property borders the approved development, say it could hurt their plan to build a future “dream home.”

The Hacienda Inn is at 18840 Saratoga-Los Gatos Road, midway between Los Gatos and Saratoga.

Los Gatos attorney Bruce Tichinin filed the petition Thursday on behalf of the Hatam-Tabrizis.

The petition specifically says that bulldozers cutting into the hillside at the back of the Hacienda property could result in landslides. The couple is also concerned that 17 trees adjacent to the Hacienda could be damaged by the construction.

Tichinin and the Hatam-Tabrizis were not immediately available for comment.

Environmental impact reports are optional, Monte Sereno City Manager Terry Blount said. Instead, the city hired a consultant to complete an initial study of the development’s potential environmental impacts.

“Every project is required to have an initial study that identifies the impacts. Once the impacts and mitigations were identified, we determined an environmental impact report wasn’t necessary,” Blount said. “If the impacts can be mitigated then cities can proceed with a mitigated negative declaration.”

The Monte Sereno City Council approved the mitigated negative declaration by a 3-2 vote on June 12.