[Water_news] 5. DWR'S CALIFORNIA WATER NEWS: AGENCIES, PROGRAMS, PEOPLE - 2/15/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

February 15, 2008

 

5. Agencies, Programs, People

 

Colonies-tied suit goes to San Diego

Inland Valley Daily Bulletin – 2/15/08

By Lori Consalvo, staff writer

 

UPLAND - A lawsuit to determine whether the city, Caltrans and the San Bernardino Associated Governments should pay a share of the money the county owes for the Colonies flood-control basin has been transferred from San Bernardino County to San Diego County.

 

The suit follows last year's conclusion of a civil trial over who was to pay for flood control work at the so-called Colonies water basin in northeast Upland.

 

That suit, Colonies Partners LP v. San Bernardino County Flood Control District and San Bernardino County, has been settled, with the county paying $102 million.

 

As a result, a 2004 lawsuit in which the county believes the city, Caltrans and Sanbag also have responsibilities to pay a share of the Colonies decision can now resume.

 

The city was notified last week that the case would be moved to San Diego County.

 

"Caltrans, the state and Sanbag were all content with staying in the county," said Upland's attorney, William Curley III, with the Brea law firm of Richards, Watson and Gershon.

 

"The county and the county flood control thought to move their venue - as is their right."

 

San Diego court administrators will decide which judge will oversee the case. No date has been set for the trial.

 

The county and the Colonies Partners struck their deal in November 2006 when they settled on an agreement, Curley said. But since then there have been many details to work out concerning the case.

 

"The court didn't want to release jurisdiction until those things were done," Curley said. "It took until December 2007 to dot all the I's and cross all the T's."

 

Until every detail was worked out, the current case was on hold, he said.

 

"Had the county prevailed in the (primary case), if they did not need to pay anything, they wouldn't be looking at another case," Curley said.

 

He said the city expects to learn when and where the case will be heard in about a month.

 

At Monday's City Council meeting, when the case transfer was brought up, Councilman Ken Willis asked Curley if residents would have to travel to San Diego County to keep up with the trial.

 

Curley confirmed that they would.

 

"No one is happy about this case being tried outside of San Bernardino (County) and we all kind of think it's peculiar that it is," Willis said. "And our citizens can't go to the trial and observe if they choose to do so."  #

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