…OVER ALLIANCE FOR INTELLIGENT PLANNING
However, in the larger context of a 10 round boxing match-like litigation slugfest, yesterday’s denial of the Alliance For Intelligent Planning(“Alliance”)-requested Preliminary Injunction, by Riverside County Superior Court Judge Sunshine Sykes bears little impact on the ultimate legal resolution of the underlying issue that Tract Map 25122 had expired in 2008 and the City of Wildomar’s Planning Department staff had no legal authority to extend the long-delayed, and environmentally-obsolete, tract map.
Yesterday’s hearing was required because the Temporary Restraining Order (“TRO”) originally granted by Judge Sykes, automatically expired on June 13, 2014.
However, Judge Sykes only ruled on the issue of converting the TRO into a Preliminary Injunction, which would have continued limitation of the amount of dirt importation and grading at the proposed construction site at the corner of Palomar and McVicker Roads.
However, depending on how aggressively the developer initiates his grading plans, the developer runs the significant economic risk that, should the Alliance for Intelligent Planning prevail on the underlying issue of the tract map expiration, the developer could be exposing itself to expensive remediation, such as having to remove dirt imported while the litigation ensued.
Quite naturally, the Alliance, and the concerned Wildomar citizens it represents, would have preferred a granting of the preliminary injunction by Judge Sykes, but complex litigation doesn’t always run in a straight line.
What matters is the final outcome.
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The next hearing is set for July 25, 2013 , when CV Communities has an opportunity to undermine the basic premises of the original lawsuit.
Since I was the only member of the blogosphere in attendance at the hearing (and intend to be at the next hearing as well), it appears that Wildomar Magazine will continue to be your Internet news publication of record for Wildomar. Anything else written will be second hand hearsay information .