DEAL TO SETTLE SUITS ON REDEVELOPMENT RUNS INTO TROUBLE.Byline: Laurence Darmiento Daily News Staff Writer After appearing to nearly settle their dispute over a proposed $1.1 billion redevelopment plan, the city and Castaic Lake Castaic Lake is a lake on Castaic Creek formed by Castaic Dam, in northwestern Los Angeles County, California, near the town of Castaic. The 323,700 acre foot lake (399,000,000 m³) is the terminus of the West Branch of the California Aqueduct, though some comes from the 154 mi² Water Agency now are at loggerheads log·ger·head n. 1. A loggerhead turtle. 2. An iron tool consisting of a long handle with a bulbous end, used when heated to melt tar or warm liquids. 3. as a trial on the matter quickly approaches. Both sides approved written agreements earlier this week that were intended to settle two lawsuits brought against the plan by the water agency - that while identical in nearly all respects differed in one fundamental detail. The agreements called for both sides to accept an appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. ruling in one of the lawsuits that the city violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. state environmental law in forming the huge, citywide redevelopment plan after the January 1994 earthquake. They also called for the termination of the plan, the right of the city to pursue a smaller, earthquake-repair type plan, and for both sides to pay their own attorneys' fees. However, city officials squawked at a proviso A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided. that would have incorporated a Superior Court judge's tentative ruling against the city in the other lawsuit, which is scheduled to go to trial Wednesday. While the first lawsuit was based on environmental grounds, the second accused the city of violating other provisions of redevelopment law - including making the plan overly broad. "We feel that is very important," said Bill Cooper, president of the water board. "Without that ruling the city could easily come back with another oversized o·ver·size n. 1. A size that is larger than usual. 2. An oversize article or object. adj. o·ver·size also o·ver·sized Larger in size than usual or necessary. redevelopment agency just the like the one they would be terminating now. "We already have spent a great deal of money, and we don't want to come back and do this again. It would not be fair to our customers." City Attorney Carl Newton said the attempt to incorporate the proviso in the settlement was nothing more than an effort by the agency to embarrass embarrass /em·bar·rass/ (em-bar´as) to impede the function of; to obstruct. em·bar·rass v. To interfere with or impede (a bodily function or part). the city with an incorrect judgment. Complicating com·pli·cate tr. & intr.v. com·pli·cat·ed, com·pli·cat·ing, com·pli·cates 1. To make or become complex or perplexing. 2. To twist or become twisted together. adj. 1. the disagreement are charges and countercharges by each side that the settlement agreement - thought to have been worked out in a meeting last week - was changed at the last minute. Cooper said that the water agency has no intention of agreeing to any settlement without the tentative ruling in it, and the next move is up to the city. Newton said the city is still studying its options. Even if the city goes to court and wins the second lawsuit, the redevelopment plan would still be held up by the Court of Appeal ruling in the environmental case - unless the state Supreme Court reverses it. If the city loses, Cooper said it would face paying the agency's legal bills. That could run about $200,000. |
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