This is Not what happened. The Judge Denied Immediate Action on a Temporary Restraigning Order, and the Matter is Continued till Feb 21, 2007.
The case is not against the Resturant, it is against the City of Grand Terrace, and the Grand Terrace Redevelopment Agency. The Judge decided to For NOW a Stop Work - Restraigning Order, which shows work can go forward for another week till the Test of Merrit to go to Trial, or the Preliminary Hearing is done next week, and the City is Prepaired to Answer the Restraining Order. It is not a Finished Judgement or a Rejection as stated in the Sun's Article. It says, if you want to continue work at the risk of losing that investment go ahead, no un reversable damage will be done other than the loss of money. If it were a done deal there would not be an opprotunity to Augment the Pleadings.
Below is from the Courts Web Page:
EX-PARTE MOTION RE: TRO & PRELIM IMJUNCTION 01/03/2007 - 8:30 AM DEPT. S8A
JOHN P WADE PRESIDING.
CLERK: OLIVIA MCDONALD
REPORTER: DEBORAH THOMPSON
COURT ATTENDANT LARRY RUSSELL
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APPEARANCES:
ATTORNEY RAYMOND JOHNSON PRESENT FOR PETITIONER.
ATTORNEY VEERA TYAGI PRESENT FOR PETITIONER.
ATTORNEY COLIN ROBERT BURNS PRESENT FOR CITY OF GRAND TERRACE.
ATTORNEY THIERRY MONTOYA PRESENT FOR MJSC HOLDINGS.
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PROCEEDINGS:
EX-PARTE HEARING IS HELD.
EX PARTE APPLICATION ARGUED.
EX PARTE ORDERS DENIED
THE COURT ORDERS HEARING ON THE PRELIMINARY INJUNCTION SET FOR FEBRUARY 21, 2007. THE PARTIES SHALL BE ALLOWED TO AUGMENT THEIR PLEADINGS IF THEY DESIRE.
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HEARINGS:
LAW & MOTION RE: PRELIMINARY INJUNCTION
SET FOR 02/21/07 AT 08:30 IN DEPT. S8.
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San Bernardino Superior Court Judge John P. Wade denied a request for a temporary restraining order to stop construction of a Mexican fast-food restaurant in Grand Terrace.
Judge John P. Wade's ruling means the Miguel's Jr. restaurant chain can move forward with building a drive-through restaurant on Barton Road between Michigan Avenue and Canal Street.
What is not being reported is that the restaurant being built is not the only issue in the law suit. It may be more prudent for Mr. Vasquez to hold off on construction until things are resolved. The lack of a final decision by the court puts his further investment at a risk. To continue with the investment into the project while a case is still pending well that indicates that there is some communication of assurances between Mr. Vasquez, Mr. Jacobsen, and the City Redevelopment Agency which apparently are not available to the public.
Mr. Vasquez and Miguel’s is not being well served by the Redevelopment Agency and City of Grand Terrace. He has been victim by the ever changing policy, decisions, and whimsy of the City Manager, and City Redevelopment Agency, and the convoluted deal making with Jacobsen Family Holdings.
Let’s hope he has all the paperwork done on the land he is building on and he OWNS it, and he can KEEP ownership. This lawsuit may be a benefit to him in the long run.
It appears that the work that will be done between now and the Jan 10 hearing will not be of the sort that can’t be mitigated, so IF Mr. Vasquez wants to take the risk of spending that week of investment in the project that is not going to halt the work for the week. =
Judge John P. Wade did not rule Wednesday on the merits of the lawsuit. Another hearing is scheduled Jan. 10 to determine when the case will go to trial, and a hearing on a Stop Work Restraigning Order will be Feb 21, 2007. It may be that the work stops, but the stopping of work is slower, than RIGHT NOW.
City Manager Tom Schwab said there is no legal basis for the project to be stopped, "This is just another nuisance lawsuit," Schwab said.
Mr. Schwab should be concerned, “Just another Nuisance Lawsuit”.. in front of Judge John P Wade. Other “Nuisance Lawsuits” as he chooses to characterize them have been judged not in the favor of the City and one is moving to the Appeals Court. So what Mr. Schwab has done by making this statement is that Judge Wade, allowed Nuisance Lawsuit to be heard in his court. The prior cases passed the “Go to Trial Test” of the Preliminary Hearing. Two of the cases have been decided against the city. SO if Mr. Schwab finds this a Nuisance, perhaps he should stop the conduct which invites the action of a law suit..
Mr. Schwab’s attitude needs to be checked. His statements may antagonize the Judge hearing the case. He clearly has been wrong in the past as to his assessment of the outcome of suits brought against other projects. He has been the critical point of failure as the Developer has depended on HIS Judgment, and His Word, and His Direction, and Mr. Schwab has failed them and the seniors and the Business Owners of Grand Terrace. Mr. Schwab has failed to provide sound management of the Redevelopment Agency and the City Planning Department as his duty calls for. Not only has he made the mistake, he blames others for the mistake, and then he compounds the problem by repeating the same flawed methods, and processes and does so with an arrogance that suggests he should be immune to the constraints of laws, regulations and ordinances. He has the power to wave, laws, regulations and ordinances as he pleases.
Perhaps he should be reminded when you point a finger at some one three point back at you.
Yes, I know that applies to me as well, I am guilty of living in a city that employes this person, allows his management to continue, and am without a clue how to get the situation to right itself. The folks of Concerned Citizens who have filed suit seem to be makeing some effort to protect the interests of the Citizens or Public for that I am glad.
If you are a business or person doing business in the City of Grand Terrace, it would be prudent to ask for all communication of decisions be documented in writing as you will be no doubt told 3 different stories about this requirement or that, and you may end up being taken to court and it will not be because Your actions caused the court action but the City Management Caused the action.
There may be a cause of action that the City is asked to pay for the damages and business loss caused by the Practices which lead to these lawsuits.
It is likely that the lawsuit will be amended to include Jacobsen Family Holdings as the grading exceeds the space that is to be owned by Mr. Vasquez. What have we learned. If you want to do business in Grand Terrace, and that requires dealing with Mr. Schwab, the City of Grand Terrace, the Redevelopment Agency, the Planning Department get it in writing, know who you talked to. Don’t accept a verbal statement you don’t need a permit. For this or that, make them put it in writing.
Mr. Schwab's use of the News Press, to tell half truths is an interesting thing to watch. One wonders when will Mr. Wall figure out he is getting spun like a top in a room of smoke and mirrors. Mr. Wall is looking rather foolish being used this way. Soon his paper will be the tainted by his actions.
