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PSVE Park Owner Files Legal Action

 

Case Summary

 

The two legal actions shown in the table below were filed in the Indio Superior Court by the PSVE park owner in response to the city’s denial of the park conversion application.
 

Case INC070629 is a Complaint for Declaratory Relief, Injunctive Relief, and Inverse Condemnation and was filed in the State Superior Court for the County of Riverside in Indio on September 17, 2007, by Richard H. Close, Thomas W. Casparian and Yen N. Nguyen of Gilchrist & Rutter, Santa Monica, and L. Sue Loftin of The Loftin Firm, Carlsbad, on behalf of the park owner, Palm Springs Investment Company, L.P.

 

A demurrer* to the complaint was filed on October 26, 2007, by M. Lois Bobak of Woodruff, Spradlin & Smart, APC, Costa Mesa, on behalf of the City of Palm Springs.

 

According to the city’s demurrer, the declaratory relief and related issues can only be addressed after a Writ of Administrative Mandate is resolved.  The hearing on the complaint and demurrer that was scheduled for 8:30AM on December 7, 2007 in Department 2H at the Indio courthouse has been cancelled.  The petition requesting a writ of mandate must be resolved before the declaratory relief case can be heard.  A hearing will probably be scheduled in early 2008.

 

Case INC070631 is a Petition for Writ of Administrative Mandate** filed by the park owner’s attorneys the same day as the companion case.  The petition basically details the reasons the city did not have the jurisdiction and authority to deny the conversion application, and city council resolution 21941 should be vacated by the court, and the park owner should be entitled to extraordinary relief for loss of value and income.  The amount of damage suggested in the complaint (case INC070629) for declaratory relief  and related issues, as stated: “is believed to be not less than $23,900,000.”

 

It will be interesting to follow these cases to see if the city can successfully defend its action to deny the conversion of the PSVE park.  Based on previous legal actions of this type, the legal maneuvers on the part of both parties could result in many delays and a resolution could be extended far into the future.

 

Residents can access the cases and associated legal proceedings by clicking on the case numbers shown in the table below.

 

* A response in a court proceeding in which the defendant does not dispute the truth of the allegation, but claims it is not sufficient grounds to justify legal action.

** A court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.