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Mandated EIR spurs lawsuit against Calexico and City Council

June 06, 2001|By AARON CLAVERIE, Staff Writer

CALEXICO — San Diego attorney Jerry Michael Suppa filed suit against the city of Calexico and the City Council on Tuesday in the wake of the council's action requiring an environmental impact report for proposed developments.

Calexico City Attorney Michael Rood informed the City Council of the suit in executive session after Tuesday's regular meeting.

Suppa filed the lawsuit on behalf of Calexico landowners, F.S. Bravo Ltd. and Dr. Horacio and Sandra Rodiles, in an attempt to overturn the council's decision to require the landowners to pay for an environmental impact review for proposed developments.

The landowners and their partners want to build an RV park, housing developments and an industrial park in the northeast corner of Calexico.

According to the suit filed in Superior Court, the landowners allege the city abused their discretion when they did not treat the proposed developments "in a manner required by law." The suit goes on to allege that the city's determination to require an EIR was not supported by substantial evidence.

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A hearing is scheduled for June 14 in Superior Court.

Suppa hopes to sit down with the city before then and work out an agreement.

He said, "All we wanted to do was sit down and discuss the merits of the project and we never had the opportunity to do that."

Rood said it was possible that a judge could overturn the city's ruling.

Mayor Pro Tem John Renison isn't worried.

Wednesday morning he said: "The law is on our side. You hate to go to court, but a project of this magnitude requires our due diligence. We're on firm ground. Any project of that magnitude should require an EIR."

Staff Writer Aaron Claverie can be reached at 337-3419.

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