City files appeal in SDSU/Adobe Falls case
Posted by George J. Janczyn on June 1, 2010
The City of San Diego and the Redevelopment Agency of the City of San Diego have filed a notice of appeal on the longstanding dispute with San Diego State University over the university’s proposed housing project in the Adobe Falls area of Del Cerro alongside Alvarado Creek. The appeal, filed May 25, 2010 at the Vista Superior Court, is in response to the court’s March 26, 2010 judgment in favor of SDSU. The proposed housing project could create as many as 348 housing units for use by university faculty and staff.
It might be a very long time before anything significant happens with the appeal. The appellants have 10 days from the notice of appeal to submit a Designation of Record and the defendants have 15 days if they wish to submit a counter designation. The Superior Court then needs to certify the Designation and forward it to the Appeals Court which will then assign a case number. Later, the parties will file briefs, which may or may not include arguments. At some point, the court could invite the parties to participate in oral arguments. Although Del Cerro Action Council was a principal in the lawsuit, that group is unlikely to join in this appeal due to the expense.
The appeal will be handled at the 4th District Division 1 Appellate Court.
Meanwhile, CSU has submitted a Memorandum of Costs and will likely ask the Superior Court to order reimbursement for the costs CSU incurred copying and preparing the administrative record for the case. If so ordered (and that appears likely), cost of payment (total of $27,937.82) would be shared among the various parties on the losing side of the lawsuit.
