Litigation is much like a 12 round boxing match. Each round can be scored, unless there is a knockout.
Yesterday, in Round 1, the Superior Court judge ruled against the City of Wildomar political clique and their Developer co-defendant, CV Communities, dismissing their motions that would have put an end to the litigation filed by Alliance for Intelligent Planning (“Alliance”), which argues that the original approval granted by the County for the now-environmentally-inadequate tract map owned by CV Communities had actually expired.
For the record, if Alliance prevails in the litigation, CV Communities can still develop the land that they own. However, they must re-start the application process from Square One, meaning that they will be appropriately required to address all of the environmental changes, which have naturally occurred since their predecessor developer submitted the original tract map for approval to the county.
In most “normal” cities, where real estate-driven politicians, and their staff/appointees, are not so influential, a developer bringing an expired tract map forward would have presented an opportunity for citizen-centric city officials to require a developer to address, and improve upon, their proposed project.
In the abnormal City of Wildomar, where you can smell the economic desperation, current and past city staff members improperly extended the expiration date of this project, which is the fundamental basis of the current litigation, an issue which remains to be resolved in later rounds.
However, because of yesterday’s ruling by the Court, there will be no early knockout by Wildomar City Hall/Developer.
Eventually, in my opinion, Alliance and the citizens of Wildomar will prevail in this relatively simple legal matter; “Is the tract map expired or not? “
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