Law Suit in the News..

Statement on the Law Suit:

Article Launched: 6/01/2006 12:00 AM


Group files lawsuit against GT to block business construction

Stephen Wall, Staff Writer
San Bernardino County Sun

GRAND TERRACE - For the third time in less than two years, the city is being sued by a group of residents opposed to a development project.
A group calling itself Citizens for an Open and Responsible Government filed a lawsuit last week seeking to block construction of an electrical-wholesale business on Commerce Way.

The same group sued the city in November to stop a 120-unit senior-housing complex on Grand Terrace Road.

In October 2004, a group known as Citizens for a Better Grand Terrace took the city to court to challenge a proposed outdoor-themed retail center.

The latest lawsuit was filed May 22 in San Bernardino Superior Court by Raymond Johnson, the Temecula-based attorney who represented the residents in the other two cases.

Johnson did not return phone calls seeking comment.

City Attorney John Harper said he has not seen the lawsuit and could not comment. He predicted it would be about six months before the case goes to trial.

The most recent suit claims the project by Essco Electric is inappropriate for the area and would generate unacceptable environmental impacts.

The Planning Commission in April gave Essco permission to move its operations to a 2.4-acre site across the street from its current location.

On May 11, the City Council denied an appeal of the commission's decision, allowing the development to move forward.

The lawsuit claims the project would produce excessive amounts of traffic, noise and air pollution. It also criticizes the city for failing to study how the project would affect the burrowing owl, a rare bird considered a species of special concern in California because of its dwindling numbers.

City officials said adequate environmental reviews were performed and the operation is suitable for the area.

"The lawsuit is completely without merit," City Manager Tom Schwab said. "It's an existing business that's just moving across the street. All of the issues from an environmental standpoint were addressed."

The project site is in an area designated for the so-called Outdoor Adventure Center, a 123-acre housing and retail plan just east of Interstate 215.

Some nearby residents say the Essco project conflicts with the city's General Plan and specific plan for the adventure center.

"To tell me that this represents the Outdoor Adventure Center flies into the face of any intelligent person," Michigan Avenue resident Patricia Farley told the Planning Commission.

Bill Hays, who lives on De Berry Street about a block from the Essco site, said the project does not comply with city guidelines.

"It does not fit with the General Plan or the specific plan for the area," said Hays, 59. "It goes against both of them."

City officials said the Essco project is permitted within the Outdoor Adventure Center plan and meets zoning requirements.
Essco, which has done business in Grand Terrace for about 12 years, resells pre-manufactured electrical products including wire, cable, breakers, bulbs and lighting fixtures. The company, which employs 35 people, is the city's largest sales-tax generator.