BORCHARD ROAD LAWSUIT GETS COURT'S GREEN LIGHT.Byline: Lisa Mascaro Staff Writer Environmentalists won a legal round Wednesday Wednesday: see week. in their $661 million lawsuit lawsuit: see procedure; tort. over Borchard Road that allows it to go forward to trial with the state Supreme Court refusing to halt the suit, the plaintiffs' attorney said. The court's action means the case, which claims the developers lied when they said a road to Dos Vientos Ranch ranch, large farm devoted chiefly to raising and breeding cattle, horses, sheep, and goats. The cattle ranch was introduced from Latin America to Texas and the plains of the W United States and Canada. at a 12 percent grade would be safe, will be allowed to progress. The developers have filed an appeal. ``The chances of getting this case thrown out of court aren't slim to none. They're none,'' said attorney Edward L. Masry Edward L. Masry (born July 29,1932 in Paterson, New Jersey, died December 6,2005 in Thousand Oaks, California) was a partner in the law firm of Masry and Vititoe and a city councilman. , who filed the case on behalf of resident Laura Lee Custodio and the environmental group Save Open Space. However, attorneys for one of the developers, Miller Brothers Investment, said the Supreme Court's action was expected. The developers filed an appeal in October seeking to overturn the trial court's decision to allow the case to proceed. ``We think the appeal will overturn the decision of the trial court - if not, we'll try the case and win,'' said Mark C. Allen Al·len , Edgar 1892-1943. American anatomist who is noted for his studies of hormones and for the discovery (1923) of estrogen. , an attorney representing Operating Engineers Operating Engineers are tradepeople who operate machinery. There are two main types of workers that share this title and trade union affiliation (IUOE). The first group are workers who operate steam plants and boilers. . The lawsuit over the road to the 2,350-home development claims that developers were not truthful during public hearings before the City Council in 1998 over the safety of the road. Residents have long argued that the roadway, one of two main roads for the housing development, is not safe as approved by the City Council. Attorneys for the developers, however, have maintained that they did not lie about the road, and that any comments made during public sessions of the City Council are protected under free speech. They filed the appeal in October under new legislation that makes immediate appeals possible in certain free speech cases. |
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