Superior Court Judge Donald Alvarez has issued the final decision in the Town of Apple Valley’s eminent domain case against Liberty Utilities (CIVDS1600180), in which he obliterates virtually every claim by the Town of Apple Valley including the Town’s ridiculous objections to his previous tentative decision.
This is a decisive victory to Liberty Utilities and supporters of free markets and small government.
Judge Donald Alvarez in Department S-23 of the San Bernardino Justice Center commenced the proceeding in Town of Apple Valley v. Apple Valley Ranchos Water Corp. (CIVDS1600180) by dramatically narrowing the scope of what could be argued. Thus all the Town’s disagreements with the evidence and all of the questions and emotional argument in the Town’s attorney’s (BB&K) Objections were not factors to be considered at today’s hearing.
The next hearing on Town of Apple Valley vs. Liberty Utilities (Case No.: CIVDS1600180) is set for 10:00 a.m. at San Bernardino Justice Center (247 West Third Street, San Bernardino, CA, 92415) and should last until noon.
JULY 27, 2021 at 6:30 P.M.
Town Hall Council Chambers 14955 Dale Evans Parkway Apple Valley, CA 92307
NOTICE IS HEREBY GIVEN that the Town of Apple Valley (the “Town”) will hold a Public Hearing on July 27, 2021, at 6:30 p.m., at the Town Hall Council Chambers, located at 14955 Dale Evans Parkway, Apple Valley, CA 92307 to consider adopting rate increases for the collection, handling, and disposal of solid waste services within the Town (“solid waste services”). The meeting can also be viewed on Frontier Channel 29, Charter Spectrum Channel 186, and online at applevalley.tv.
I was in court this morning and listened to the proceedings.
BB&K/Town has until June 1, 2021 to file objections to the Tentative Statement of Decision.
Liberty has until June 18, 2021, to respond to the objections in writing.
Apple Valley, CA – Feb. 2, 2021: Closing arguments in the Town’s water trial to acquire the Liberty Utilities Apple Valley water system are scheduled for Feb. 4 and 5. Due to COVID restrictions, the San Bernardino County courthouse is not open to visitors however the Town will livestream the closing arguments to www.AppleValley.tv (click on the green Watch Live button) and on the Town’s public access channels (local Spectrum 186 and Frontier 29).
While checking some of the Town of Apple Valley’s claims about needing to increase taxes via Measure O, I came across some interesting information: The Town is already planning how to spend the additional money they hope to get from us.
All evidence has now been presented to the court by both sides. Trial testimony ended at noon today for Phase I, the “right to take” phase in the eminent domain proceeding.
Hon. David R. Alvarez, Judge
San Bernardino County Superior Court Justice Center – Dept. S23
247 W. Third Street
San Bernardino, California 92415
RE: Town of Apple Valley v. Apple Valley Ranchos Water Company, Liberty Utilities, et al. – CIVDS 1600180 Public Access to Closing Arguments – Eminent Domain
The eminent domain case of TOAV vs Liberty Utilities goes reconvenes on 6/15/2020, but the court is not allowing any observers at present (for this or any case). The courtroom can only have 13 people in it at one time besides the staff and judge, so it will be a challenge given the number of counsel, parties, and witnesses. Everyone, per our presiding judge, will be required to stay 6 ft apart.
This will be interesting.
Attorney at Law