Friends of Glendora loses lawsuit against city
Erica Landmann-Johnsey and the Friends of Glendora had their lawsuit against the city rejected Friday by a Los Angeles Superior Court Judge. The judgment may signal the end to a case against a proposed assisted living facility in Glendora that Johnsey and her group felt was approved without the city vetting it the necessary environmental process. The court disagreed.
Johnsey is a regular speaker at City Council meetings, along with others who are apart of the Friends of Glendora group.
There is a scheduled council meeting for Tuesday night, and it could be expected that this decision may come up during the public comment portion of the evening.
It should be a fun time to kick off the long Christmas weekend. Here is an excerpt from today's story and look for more online and in the paper tomorrow.
GLENDORA - A lawsuit against the approval of 125-bed assisted living facility was rejected Friday by a Los Angeles Superior Court judge.
The lawsuit brought against the city of Glendora by a group called the Friends of Glendora claimed the project didn't meet environmental standards and failed to comply with the California Environmental Quality Act.
But the court saw it differently as Judge James C. Chalfant denied the claim.
"We are disappointed in the decision and we are weighing our options for an appeal," said Friends of Glendora Attorney Cory Briggs. "I think the judge simply views the law differently from the way we view it. Judges are human, sometimes they make mistakes. We think he made a mistake."
The living facility is intended primarily for seniors and is a two-story, 97,000 square foot facility on the northwest corner of Gladstone Street and Bonnie Cove Avenue. It was approved in February by the council and Planning Commission. The lawsuit originated shortly after that decision.
"Certainly, from the city's perspective, per the city council's direction, we undertook extensive investigation and analysis on the project, not just once, not just twice, not just three times, but four times to ensure all the environmental impacts were reviewed and analyzed," said Glendora City Attorney D. Wayne Leech. "We feel the city not just met the level of expectations required by (California Environmental Quality Act) but went over and above that."
A little insight to Cory Biggs who was hired by the Recalled Glendora Mayor John Harrold's Group to bring the "Friends of Glendora" (Erica Landmann-Johnsey ,Kristin Parisi, John Harrold, Mark Smith) action against Glendora.
Briggs estimates that he's filed at least six lawsuits against Wal-Mart since 2004, including suits filed in Barstow, Rialto and Murrieta.
There may not be multiple "Murrietans for Smart Growth," as the nonprofit's name would suggest, but the attorney representing the group recently produced one, in response to a court order.
The Judge ordered Briggs to produce one member of the group that lived or worked in Murrieta. Briggs produced Richard Lawrence who lives in San Diego and has no business affiliation to Murrieta, let alone Riverside County, according to court documents.
"This lawsuit has every appearance of legal extortion," Barstow Mayor Lawrence Dale said in a statement. "It is my opinion that the Briggs Law Corp. is no better than an 'ambulance chasing' attorney, but instead of chasing accident victims they're chasing the deep pockets of Wal-Mart."
"We are disappointed in the decision and we are weighing our options for an appeal," said "Friends of Glendora" Attorney Cory Briggs. "I think the judge simply views the law differently from the way we view it. Judges are human, sometimes they make mistakes. We think he made a mistake."
Glednora City Council Election results 2009
http://www.ci.glendora.ca.us/election/electionresults.html
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
Erica Landmann-Johnsey appeals from the trial court‘s sustaining of a demurrer without leave to amend. Landmann-Johnsey‘s complaint alleged that the City of Glendora violated the California Environmental Quality Act when it assessed a fee for her appeal to the city council of a planning commission decision.
DISPOSITION
The judgment is affirmed. Costs are awarded to respondents.(GLENDORA)
CERTIFIED FOR PUBLICATION.
JOHNSON, J.
We concur:
MALLANO, P. J.
ROTHSCHILD, J.
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