What does this mean: Well Gramps looks forward to the full judgment being released. Here is the short on line Judgement:
HEARING RE: WRIT/CEQA. 07/25/2006 - 8:30 AM DEPT. S8
JOHN P WADE PRESIDING.
CLERK: ROSEMARY ROJAS
REPORTER: BETTY KELLEY
COURT ATTENDANT LARRY RUSSELL
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APPEARANCES:
ATTORNEY RAYMOND W JOHNSON PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY JOHN ROBERT HARPER PRESENT FOR DEFENDANT/RESPONDENT.
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PROCEEDINGS:
ARGUED BY COUNSEL AND SUBMITTED.
ACTION CAME ON FOR HEARING ON PETITION FOR WRIT OF MANDATE (CEQA).
PETITION OF CITIZENS FOR A BETTER GRAND TERRACE GRANTED
PETITIONERS REQUEST FOR JUDICIAL NOTICE OF RESPONDENTS MUNICIPAL CODES AND GENERAL PLAN IS
DENIED.
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THE WRIT IS GRANTED DUE TO RESPONDENTS FAILURE TO ADEQUATELY CONSIDER ALTERNATIVES AND THE
FREEWAY ACCESS PORTION IS THE TRAFFIC ELEMENTS HAS NOT BEEN ADEQUATELY MITIGATED. RESPONDENTS
ARE ORDERED TO VACATE ALL APPROVALS AND CERTIFICATIONS.
PETITIONER TO PREPARE THE WRIT.
STAGE AT DISPOSITION: ALL OTHER JUDGMENTS BEFORE TRIAL.
COURT NOW RULES -- STAT CASE FOR 2C REPORT. CASE DISPOSITIONED ON 07/25/06.
CASE DISPOSITIONED BY JUDGMENT
ACTION - COMPLETE
=== MINUTE ORDER END ===
Perhaps, all those prior land owners who had a problem selling their land and homes because of the restrictive use included in the OAC Specific Plan may have an action against the City for the loss of value to their property.
Perhaps, the city did over pay for the Dodson Property. Perhaps there was more to Mr. Hilkeys Protest about the price negotiations done by Friend, Employer, and Campaign Manager, of the Council Members Gene Carlstrom of Terra Loma Realty.
Perhaps there will be a EIR required for ESSCO now that the EIR for the OAC can not be used as a EIR Overlay, as suggested by City Manager Tom Schwab, and the Planning Department.
Perhaps there was just cause to the suit, and it was not a "Frivolouse Law Suit" as characterized by City Manager Tom Schwab, and Council Member Ferre, and Council Member Garcia in the Press. Perhaps their desire for citizens not to be involved in the government or checking things would have served their interests but clearly the Judge found problems with the plan, or the process of how the plan was developed and placed upon the property owners. This speaks to the malfeasance and incompetence of the city's management, and council oversight of that management.
For a Fact it means that the Judge has determined the Law Suit had Merit, and was in fact decided on in favor of the Plaintive. This Means the Council was Wrong in supporting or approving Staff Recommendations. It will be interesting to know the Specific reasons for the decision when the formal decision is written, PERHAPS the City will Post it on their Web Page.
If you want a copy of the suit emailed to you... Grandterracenews@yahoo.com OAC Suit Request.
Remember this is the same Judge that is hearing the other GT City Cases. More decisions are pending. ESSCO and Blue Mt. Senior Villas still have all or portion of their cases under consideraton, and review.
