Liberty decision: Update (Carloni) (May 12, 2021)

I was in court this morning and listened to the proceedings in Town of Apple Valley v. Apple Valley Ranchos Water Corp. (Case no. CIVDS1600180).

BB&K/Town has until June 1, 2021, to file objections to the Tentative Statement of Decision.

Liberty has until June 18, 2021, to respond to the objections in writing.

The Court will hold a hearing on the objections and issuance of the final statement of decision on July 23, 2021, at 10:00 a.m.

After the statement of decision is final, the prevailing party will file its motion for attorney fees and costs. After the motions on fees and costs, a final judgment will be prepared and signed. When signed and entered the 60-day period within which an appeal can be filed will commence. Conceivably, there may be no final judgment until the end of the year. Just want to set an expectation so no one is frustrated.

If the Town manager has been authorized to hire appellate counsel, do we know if it will be someone independent? Hope so!

Diana J. Carloni
Attorney at Law