Sunday, October 22, 2006

From the Email InBox: Regarding Johnson:

Dear Gramps:

There is a connection with some of the cities who have failed to meet the legal requirements which open themselves up to being taken to Court. Many of those cities have the same City Attorney John Harper, or his firm. Perhaps he enjoys the billing time that the faulty advise he provides to the Cities bring when they are hauled in to court, over apparently predictable and avoidable issues.

Grand Terrace has had many developments and plans built and not taken to court. It took YEARS of negotiation with the Planning Commission and City Council for a local resident and developer to satisfy the requirements of the Commission and City Council so he could build homes on his own property, not using city funds, or the use of Eminent Domain. It took a series of negotiations to get neighbors to agree with a zone change and plan for development near Kingfisher Road. (Negotiation of a Settlement). WHEN the City rushes through favored plans with out doing all that is required and it leave wide open the gates to Courts.

When did you ever hear it is easy to beat City Hall. Some how that phrase is said differently. So when Johnson says these cities are easy targets it must be something about the cities that make them weak, and defective in their management in order for them to fail in Court where a Judge not a Jury decides the issue based on the law not emotion of a Law Suit like "McDs" and the Hot Coffee cases. The higher burden of proof of the case lays heavily on the part of Johnson and the Citizens who bring a claim. His point is that these cities conduct themselves in such a way the Court has found his cases not only have merit, but were won.

Mr. Schwab City Manager seems to think Environmental Protection is only for Wildlife and Swamp things. Perhaps, Mr. Schwab should look into the law and code a bit more he will learn that Environmental Protection Laws also protect the Environment that HUMANS are Living In, and that is why a traffic, or noise plan is part of the NORMAL Planning for a large Project which will impact the TRAFFIC and NOISE not only during construction but for the intended use of the Planned Development. He has the advise and council of Attorney John Harper for this purpose, perhaps it is time the City Council has better Legal Counsel?

Gramps says:
Thanks for the insight and connection of the Legal Advise and insight on the Hearings not being like the McD's case. I think this is an attempt to divert attention from the election by saying the problems in the city are not because there is any reason to change membership on the current City Council, or the way it does business. It is interesting that Mr. Schwab does not say next time things will be done differently so legal action can be avoided. No he actually says it is to be expected, expect more. Elect the same Council Members, and Mayor and you no doubt will get more of the same.