Court report: Eminent domain trial hearing update (Carloni) (July 23, 2021)
Judge Donald Alvarez in Department S-23 of the San Bernardino Justice Center commenced the proceeding in Town of Apple Valley v. Apple Valley Ranchos Water Corp. (Case no. CIVDS1600180) by dramatically narrowing the scope of what could be argued. Thus all the Town’s disagreements with the evidence and all of the questions and emotional argument in the Town’s attorney’s (BB&K) Objections were not factors to be considered at today’s hearing.
The oral argument of BB&K by Matthew Frias and Kendall McVey focused on the method by which this proceeding was handled and why it was not handled as a “writ proceeding,” restricted by the administrative record. They cited lots of law but in some respects they presented a perverted position.
Manatt Phelps, attorneys for Liberty Utilities, were a class act in response, emphasizing the law, pointing out the weakness or wrong reasoning, and never losing their cool. The judge will now prepare the final decision, which we expect to receive on or before September 21, 2021.
BB&K was patronizing the judge and before leaving suggested to the judge that they would need extra time to analyze any motion for attorney fees and costs, somewhat of a capitulation and concession that the decision will not be changed.
Diana J. Carloni
Attorney at Law
Files related to CIVDS1600180
- 20160107 TOAV Complaint: CIVDS1600180
- 20160223 LAV Answer: CIVDS1600180
- 20180228 Ruling on motion to compel production of Town’s transition plan: CIVDS1600180
- 20210507 Tentative Decision: CIVDS1600180
- 20210507 Key excerpts from the Tentative Decision: CIVDS1600180
- 20210511 Judge makes preliminary ruling against Apple Valley taking over water system
- 20210517 A closer look: Why Liberty Utilities’ arguments were favored in Apple Valley’s eminent domain lawsuit
- 20210601 Town of Apple Valley’s Objections to Tentative Statement of Decision (CIVDS1600180)
- 20210618 Liberty Utilities’s Response to Town of Apple Valley’s Objections to Tentative Statement of Decision (CIVDS1600180)
- Liberty decision: Thoughts and impressions (Carloni)
- Liberty Utilities decision (Carloni)
- Liberty decision: Update (Carloni)
- Hearing tomorrow on Town/Liberty decision (Carloni)
- Court report: Eminent domain trial hearing update (Carloni)