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.
The big question on everyone’s mind seems to be,
What happens to the Town of Apple Valley in the wake of its big court loss?
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.
Representatives of the Town of Apple have a long track record of monetary (and other) mismanagement, and of lying to the public. This behavior should not be rewarded with more money, as giving the representatives of the Town of Apple Valley more money virtually guarantees more monetary mismanagement in the future.
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.
A San Bernardino Superior Court judge has made a ruling against the Town of Apple Valley in its attempt to take over its largest supplier of water.
Mr. Mayor and Counsel …
Now that the initial decision is in, and yes, your legal team has a chance to object, I ask that each of you read all 83 pages of the decision to understand truly what was stated and not rely on the filtered view of a legal team that has now lost TWICE … Claremont and here.
It just took me three hours to review the entire Liberty decision, and wow — what a decision. A few points stand out but the decision is a pretty damning condemnation of the efforts of the Town. The judge relied on Liberty experts who were well-grounded in competent documentation and analysis and lambasted the Town’s experts. It almost seemed like the judge was telling the Town,
Nice try but don’t bullshit me again! (sorry for the language)