LAWYER OPTIMISTIC ON BORCHARD SUIT.Byline: Cecilia Chan Staff Writer The attorney suing the Dos Vientos Ranch developers over Borchard Road said he is confident the second Appellate District Court will uphold a lower court's decision allowing his $661 million lawsuit to proceed, and won't be filing a response to the developers' challenge. Developers Miller Bros BROS Brothers BROS Benefits and Retirement Operations Section (King County, Washington) BROS Barnes and Richmond Operatic Society (London, UK) . and 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. separately filed a writ of mandate writ of mandate (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. last week to appeal the trial court's decision, but Westlake Village attorney Ed Masry said Monday that he isn't planning a response and expects the appellate court's ruling within a week. ``In our opinion the district court of appeal won't overrule The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action. the trial court,'' Masry said. ``I can't understand why these people don't come to the table and make the road safe and everybody go home.'' Masry sued the developers in March on behalf of resident and activist Laura Lee Custodio and the environmental group Save Open Space, claiming the developers lied about the safety of road's 12 percent grade to the City Council to win approval. Masry contends that the developers are liable for statements made during the council meetings if they endanger en·dan·ger tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers 1. To expose to harm or danger; imperil. 2. To threaten with extinction. health and safety, and are not protected under a civil code section that provides immunity during a legislative proceedings. However, an attorney for the developer disagrees. ``He has no claim,'' said attorney Steve Weston Steve Weston (1940 - May 12, 1985) was a Canadian television and theatre actor. He is best known to Canadian audiences from his stint as the husband in the sitcom The Trouble With Tracy, and as a series regular on the sketch comedy series Bizarre. , who represents Miller Bros. ``All of the alleged statements, even if made by the developers, are absolute privilege under federal and state constitutions.'' Weston in his petition to the appeals court said if Masry's suit proceeds it will result in ``an improper and alarming chill'' on First Amendment rights of free speech. Additionally, he argued, Masry's lawsuit comes two years after the expiration of the statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. for such a challenge. The road is to be one of two main access routes out of Dos Vientos Ranch, a 2,350-housing development. Masry wants the developers to hand over all their profits from the development - $661 million - to the city. The city lost a key legal avenue last week over the road when the same appeals court denied its request to stop the road from completion and to review a lower court's ruling. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion