Judge declares conflict of interest in CEDC lawsuit against city, Council

April 16, 2008
Santa Paula News

It will be back to court for attorneys representing Cabrillo Economic Development Corporation (CEDC) and the City of Santa Paula, after a hearing Monday where the judge declared a conflict of interest and recused himself from hearing the lawsuit stemming from the Council’s rejection of the Plaza Amistad development.

By Peggy KellySanta Paula NewsIt will be back to court for attorneys representing Cabrillo Economic Development Corporation (CEDC) and the City of Santa Paula, after a hearing Monday where the judge declared a conflict of interest and recused himself from hearing the lawsuit stemming from the Council’s rejection of the Plaza Amistad development. CEDC filed the lawsuit against the city in November, alleging that the Council’s action in rebuffing the proposed 150-unit development was against the law.“I just saw this over the weekend,” Ventura County Superior Court Judge Ken Riley said Monday. “I have to conflict out on this... I assume you want” the matter set before another judge as soon as possible, Riley asked Assistant City Attorney John Cotti and CEDC’s team of attorneys. Riley said it would probably be possible to reschedule the hearing before a different judge, which could occur in about two weeks.
The Council on a 3-2 vote rejected Plaza Amistad in August, and CEDC’s lawsuit alleges that the Council was illegal and violated the Housing Accountability Act. The proposed project - a mixture of apartments and for-sale townhouses to be built on West Santa Barbara Street near Dean Drive - brought Council concerns ranging from safety to density to noise issues.The Planning Commission had approved the proposed development and its mix of housing for low- to moderate-income households. The Council was asked to approve the zoning change to allow a Planned Development overlay for the property that relaxed setbacks, reduced open space and increased lot coverage. The Council also refused CEDC’s request to continue the public hearing to “revise the project, if necessary,” the lawsuit states.



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