Upland residents continuing to fight Animal Shelter
An appeal filed against a city decision to build the Upland Animal Services Shelter in Memorial Park may drag on for another few months.
Residents who filed a lawsuit against the Planning Commission are requesting the opportunity to defend their opposition toward the shelter in front of a panel made up of Court of Appeal's judges.
A tentative opinion issued in early April by the Court of Appeal upheld a previous decision that said the residents had incorrectly filed their lawsuit against the commission when it should have been the City Council.
The court is not bound by the tentative opinion and is willing to amend or discard it if counsel's arguments persuade the court that the opinion is incorrect, according to the Court of Appeal notice.
Residents who filed a lawsuit against the Planning Commission are requesting the opportunity to defend their opposition toward the shelter in front of a panel made up of Court of Appeal's judges.
A tentative opinion issued in early April by the Court of Appeal upheld a previous decision that said the residents had incorrectly filed their lawsuit against the commission when it should have been the City Council.
The court is not bound by the tentative opinion and is willing to amend or discard it if counsel's arguments persuade the court that the opinion is incorrect, according to the Court of Appeal notice.
"However, at present in this case, the court believes that the record
and briefs thoroughly present the facts and legal arguments such that
the court is prepared to rule as set forth in the tentative opinion
without oral argument," according to the notice from the Court of
Appeal.
Construction of the animal shelter has continued and is ahead of schedule, under budget and is expected to open in the summer, Assistant City Manager Rod Foster said.
The city is happy that the Court of Appeal has issued a blistering tentative opinion in the city's favor, Foster said.
"It is our plan now to defend that tentative opinion before the court as well to aggressively seek reimbursement on all costs of appeal from (the residents' attorney Jim) Reiss and the Appellate parties since the court has awarded those to us as well," Foster said.
Residents living near the park filed an appeal in July 2007 against the commission's approval of the project. A month later, the council also approved it.
The residents said they felt that the park would be better somewhere else for a litany of reasons, including its location, park safety as well as noice and aesthetic issues.
The case was first heard in April 2008 in the San Bernardino County courthouse in Needles, where a judge ruled in favor of the city of Upland because the opponents had incorrectly sued the commission.
The appellate opinion said the court in Needles properly dismissed the action in favor of the city and City Council due to the plaintiff's failure to name the proper party on the original lawsuit and not adhering to filing procedures.
"I'm a little surprised giving the tentative opinion being so all encompassing, but perhaps they're thinking they can come up with something to say to sway it," City Attorney Bill Curley said.
"Anything can happen in the courtroom. There's never assurance it's a panel of judges. You can catch their attention or not, but the Superior Court was very firm in its decision that the city's argument was correct. The tentative (opinion) leaves no half-open door or any glimmer of light."
Scheduling the oral argument could take up to 90 days and preparations on the city side could cost the city more money.
"It's unfortunate that Mr. Reiss is continuing to waste taxpayer money defending a lawsuit that has been consistently found to be baseless for him and his clients," Foster said. "The city looks forward to the end of this frivolous litigation."
Despite the opinion and previous rulings, the residents want their day in court, Reiss said.
"I think the residents are hopeful, one that if there is an adverse ruling the city will make the decision on the shelter, whether to go forward or not and second, on the issues of what is park use," he said. "What is official use on the park on future decisions. Everybody wants to enjoy the parks and the question is what is consistent with that."
sandra.emerson@inlandnewspapers.com
(909) 483-8555
Construction of the animal shelter has continued and is ahead of schedule, under budget and is expected to open in the summer, Assistant City Manager Rod Foster said.
The city is happy that the Court of Appeal has issued a blistering tentative opinion in the city's favor, Foster said.
"It is our plan now to defend that tentative opinion before the court as well to aggressively seek reimbursement on all costs of appeal from (the residents' attorney Jim) Reiss and the Appellate parties since the court has awarded those to us as well," Foster said.
Residents living near the park filed an appeal in July 2007 against the commission's approval of the project. A month later, the council also approved it.
The residents said they felt that the park would be better somewhere else for a litany of reasons, including its location, park safety as well as noice and aesthetic issues.
The case was first heard in April 2008 in the San Bernardino County courthouse in Needles, where a judge ruled in favor of the city of Upland because the opponents had incorrectly sued the commission.
The appellate opinion said the court in Needles properly dismissed the action in favor of the city and City Council due to the plaintiff's failure to name the proper party on the original lawsuit and not adhering to filing procedures.
"I'm a little surprised giving the tentative opinion being so all encompassing, but perhaps they're thinking they can come up with something to say to sway it," City Attorney Bill Curley said.
"Anything can happen in the courtroom. There's never assurance it's a panel of judges. You can catch their attention or not, but the Superior Court was very firm in its decision that the city's argument was correct. The tentative (opinion) leaves no half-open door or any glimmer of light."
Scheduling the oral argument could take up to 90 days and preparations on the city side could cost the city more money.
"It's unfortunate that Mr. Reiss is continuing to waste taxpayer money defending a lawsuit that has been consistently found to be baseless for him and his clients," Foster said. "The city looks forward to the end of this frivolous litigation."
Despite the opinion and previous rulings, the residents want their day in court, Reiss said.
"I think the residents are hopeful, one that if there is an adverse ruling the city will make the decision on the shelter, whether to go forward or not and second, on the issues of what is park use," he said. "What is official use on the park on future decisions. Everybody wants to enjoy the parks and the question is what is consistent with that."
sandra.emerson@inlandnewspapers.com
(909) 483-8555
GET A LIFE PEOPLE! THIS IS AN ANIMAL SHELTER NOT A MAXIMUM SECURITY PRISON OR A HALFWAY HOUSE FOR CONVICTED SEXUAL PREDATORS!
DON'T YOU HAVE BETTER THINGS TO SPEND YOUR MONEY ON IN THIS POOR ECONOMY LIKE MAYBE HELPING A NEIGHBOR WHO IS OUT OF WORK OR MAYBE TO BUY SOME GROCERIES FOR SOMEONE ON SSI WHO HAS JUST LOST A PORTION OF THEIR BENEFITS RESULTING IN A REDUCED INCOME DUE TO THE CALIFORNIA BUDGET CUTS.
STOP WASTING YOUR MONEY AND BEING SO SELFISH AND WHINY ON THIS ISSUE. THIS SHELTER IS A GREAT BENEFIT FOR THE ENTIRE COMMUNITY. SHELTERS TODAY ARE NOT THE SHELTERS OF YESTER-YEAR! THEY ARE MUCH CLEANER WITH MUCH HIGHER STANDARDS THEN YEARS AGO.
IF YOU TRULY HAVE CONCERNS WITH CERTAIN SPECIFIC ASPECTS OF THE SHELTER WHY DON'T YOU TRY BECOMING PART OF THE SOLUTION BY VOLUNTEERING TO HELP OUT THERE AND TRY TO WORK ON THOSE ISSUES TOGETHER WITH THE CITY. MAYBE YOUR IDEAS WOULD HELP TO ENHANCE THE SUCCESS OF THIS PROJECT. WHY DRAG RIDICULES ISSUES TO COURT JUST TO WASTE TIME AND MONEY FOR ALL THOSE INVOLVED.
Amen to that Cali! I wonder what these primadonnas in Upland would do if they lived in Chino and had a prison next to them??? What could possibly be wrong with an animal shelter? What a bunch of whiners!
How would you like it if your next door neighbors dog barked all day.... all night.... all the next day.... and so on? Now make it 100 dogs! Do you get their concern? Seriously, think about the logistics people and don't be so quick to judge.
Good luck in your battle, I understand how annoying it is. I was putting in a vegetable garden all yesterday and the neighbors dog (a number of homes away) barked all day. I love and adore dogs but I was really annoyed at having to hear someone else poor pooch barking all day. Kind of disturbes the peace in a huge way! I'm really glad I don't live next door to the animal shelter.
And one last thing. If you have any unwanted bath towels, blankets or sheets, the animal shelter in your area would love the donation. They will even give you a receipt for your CPA if you ask. I just took three large bags down to the Pomona shelter last week.
How would you like it if your next door neighbors dog barked all day.... all night.... all the next day.... and so on? Now make it 100 dogs! Do you get their concern? Seriously, think about the logistics people and don't be so quick to judge.
Good luck in your battle, I understand how annoying it is. I was putting in a vegetable garden all yesterday and the neighbors dog (a number of homes away) barked all day. I love and adore dogs but I was really annoyed at having to hear someone else poor pooch barking all day. Kind of disturbes the peace in a huge way! I'm really glad I don't live next door to the animal shelter.
And one last thing. If you have any unwanted bath towels, blankets or sheets, the animal shelter in your area would love the donation. They will even give you a receipt for your CPA if you ask. I just took three large bags down to the Pomona shelter last week.
Chino Men's Prison? You're comparing the shelter to the prison? Do the inmates bark all day? What kind of a comparison is that??? Have you ever heard of comparing apples to oranges?
I guess the dogs must be all outside under the stars, according to you, "Ignorance Is Your Bliss"!! The dogs and cats will be housed inside a state of the art facility.
Maybe we should stop planes from flying and take all of the horns out of cars, and stop mowing the lawns or allowing sirens on fire trucks and ambulances, too.
Are you people for real? Get a life! Move to the mountains and maybe then you'll have a complaint about the wildlife or a bird chirping.
Well if they don't want the animal shelter, then just let all of them loose in the neighborhood! See how they like that!!!
So you think there are 100 dogs sitting in the Upland Shelter that are going to bark all day? It obvious you have no idea what you're talking about. Crawl back under your satin sheets and keep reading Animal Shelters for Dummies. When you get a chance to visit the shelter and see the need and maybe even see that the dogs aren't barking as you are sensationalizing, maybe you'll get a clue.
Geez, make sure there isn't an orphanage 3 or 4 blocks from your home! Put the kids out to pasture! God forbid if they cry!