Two gadfly groups, CATER (Coalition of Anaheim Taxpayers for Economic Responsibility) and the Inland Oversight Committee (IOC) have ended their destructive litigation against the Anaheim Convention Center Expansion in exchange for the city agreeing not to seek reimbursement for its legal costs.
Here’s the press release from the City of Anaheim:
LEGAL OPPOSITION DROPPED BY PLAINTIFFS IN ANAHEIM CONVENTION CENTER EXPANSION PROJECT
ANAHEIM, Calif. (February 19, 2015) The two groups opposing the Anaheim Convention Center Expansion bond financing have voluntarily dismissed their legal challenge to that financing and their attempts to block the progress of this needed City project. As a result, the litigation challenging the validity of the bonds has been completely terminated.
Last fall, Orange County Superior Court Judge Sherman ruled against plaintiffs Coalition of Anaheim Taxpayers for Economic Responsibility (CATER) and the Inland Oversight Committee (IOC) in their legal challenge to the bond financing, concluding that the Anaheim Public Financing Authority acted properly in approving the issuance of up to $300 Million in bonds for this project, which benefits the City, the region and the community. Following that decision, one of the challengers, IOC, appealed the trial court ruling.
In light of the trial court rejecting the legal challenge to the bond financing, on November 5, 2014, the Anaheim Public Financing Authority successfully sold all of the bonds it was planning to issue, evidencing the fact that the bond market agreed that these bonds were valid.
Following that issuance, IOC asked the Court of Appeal to bar the City from spending the bond proceeds while its appeal of Judge Sherman’s ruling was pending. On January 8, 2015, the Court of Appeal summarily rejected that request.
In response to that ruling, IOC agreed to voluntarily dismiss its appeal , and both IOC and CATER agreed to release and dismiss any claims they had against the City in relation to the bonds, in exchange for the City’s agreement to not seek reimbursement of litigation costs from them. Pursuant to that agreement, the appeal has now been fully dismissed, and IOC and CATER have released and dismissed all claims stemming from the bond transactions.
“CATER and IOC’s abandonment of their litigation against the City confirms what I have said all along – that these challenges were legally meritless. Both the trial court victory and the Court of Appeal’s summary rejection of CATER and IOC’s request to prohibit our spending the bond proceeds demonstrates this point. It is unfortunate that the City has had to spend more than $220,000 in attorneys’ fees to vindicate itself,” said City Attorney Michael R.W. Houston.
The expansion of the Anaheim Convention Center, LEED certified and the largest convention center on the west coast, is slated to be completed in 2017, and will include the addition of 200,000 square feet of flexible space that can be used for exhibits, meetings and banquets. The expansion will also replace Car Park 1, as well as provide new loading docks and an improved vehicular entrance. The expanded space will also provide a climate-controlled connection to the second level of the existing convention center.
For more information on the City of Anaheim, please visit www.anaheim.net.
Is anyone really surprised by this outcome? This lawsuit was doomed from the outset, notwithstanding the histrionic, grandstanding rationalizations of its originators.
The IOC – a non-profit front group for liberal San Diego trial attorney Cory Briggs – is on a losing streak in Anaheim, having lost the OCCORD lawsuit against the GardenWalk Hotels project earlier this month.
Cater just cost the city $220,000… tack on their other lawsuit costs and it becomes pretty clear pretty quick this group is a serious problem for the taxpayers. Very sad they would do this to Anaheim
CATER and IOC are worse than gadflies. The actions of these organizations are object lessons in bullying. “Destructive litigation” is too kind a descriptor of their actions. If the lawsuits they filed were legally meritless, as asserted by Anaheim’s City Attorney, why did he recommend and the Anaheim City Council agree not to seek reimbursement of litigation costs? CATER and IOC pay no penalty for their disregard of common sense and disdain for Anaheim taxpayers. There seems little doubt that down the road these groups will file more meritless lawsuits against the city. Before Anaheim agrees again not to seek reimbursement of litigation costs, however, I hope the Anaheim City Council will reject any offer—and make CATER and IOC pay for filing frivolous lawsuits.
Do we now get to learn who all those secret members of CATER are?
The city may have caved in – and might have agreed not to seek reimbursement of the city legal costs.
But what about the rest of us Anaheim taxpayers?
We, taxpayers, should individually petition the court to have Cynthia Ward, the plaintiff in this lawsuit and Greg Diamond pay back the costs of this frivolous legal action!
Cynthia Ward has cost the taxpayers at least $220,000 in legal costs — that is the annual salary of two police officers or three months of a fire truck on duty, or the remodeling of tot play lots at two city parks.
This lawsuit costs taxpayers money and Cynthia Ward has cost each of us, by her frivolous actions.
1.7 Million SF Near Angel Stadium Would Include Luxe Hotel, Condo Tower, Surf Park
A Chinese developer has proposed a mixed-use project next to Angel Stadium that could rival L.A. Live in downtown Los Angeles in terms of scope and variety of uses Good idea particularity the condo tower, make it a lore more expsenivce some immirgnats moved out and more folks without kids with some money moved it. The final step in redevlopment. Maybe an office building eventually in the area.