August 16th, 2017
Here is an update since our Palos Verdes Open Space last email on May 18, 2017.
First Hearing by Judge in ROBE Lawsuit to Compel PVHA to Lower Quorum Requirement and Open the Ballots from Last January’s PVHA Director Election
Attorneys for ROBE and the PVHA (Palos Verdes Homes Association) met with Judge Kwak for the first time on July 31, 2017. PVHA requested that the hearing to decide whether election rules will change (scheduled for August 31, 2017) be delayed three months until November 30, 2017.
The Homes Association’s request to delay the 8/31 hearing to November 30 was denied. In addition, here is what the Court ordered:
The hearing on ROBE’s petition is now scheduled for October 10th at 9:00 am. The Court is expected to issue her written ruling regarding future Board elections sometime between October 10 and October 17, 2017.
Palos Verdes Open Space News
The PVHA was ordered to preserve and not destroy the January 2017 ballots after 9 months, as had been announced by PVHA
The parties were ordered to participate in a settlement conference on August 31
The PVHA was ordered to extend the deadline for any candidates to submit notarized petitions with signatures for the January 2018 election to October 20, 2017.
While we are disappointed at the Homes Association’s requests to delay the hearing, we were encouraged by the specific actions of the court.
Given this timetable, the ROBE Steering Committee is preparing to select a slate of candidates and then begin collecting signatures for the January 2018 election. If you or someone you know is interested in serving as a director endorsed by ROBE, please contact John Harbison at firstname.lastname@example.org before August 7th.
For more information, see www.pvegoodgov.org.
Panorama Parklands Appeal Slowly Progresses
As you recall, CEPC filed a lawsuit in May 2013 to reverse the (illegal) sale of 1.7 acres of Parkland at 900 Via Panorama to a private resident who had built extensive encroachments on the property over 40 years. The Judge ruled in favor of CEPC in June 2015 (click here), and then issued a final judgment (click here) in September 2015 that ordered the sale voided and explicitly expanded her decision to protect all parkland in Palos Verdes Estates. Disappointingly, both the City Council of PVE and the PVHA Board of Directors voted to appeal the case in November 2015.
Since then, the defendants have repeatedly asked for delays and a court date for the appeal has not yet been set. For the initial briefs by the defendants, click here for the PVHA and click here for the City. This last set of briefs was received on July 31 and CEPC is preparing a final response. Once that is completed and submitted, the first hearing with the three Appellate Judges that will hear the case will be set. Hopefully that will occur this year and not next year. The wheels of justice are painfully slow. In the meantime, the private resident is continuing to enjoy private ownership of the parkland and all the encroachments that were constructed on the parkland.
For more information, see www.pveopenspace.com.
Save Our Parkland and Preserve our Home Values!
Thank you for your continued support. If you would like to make a donation to help cover our court costs, please send a check to John Harbison (916 Via Panorama, PVE) made out to Jeffrey Lewis Attorney at Law Client Trust Account.
All the best,
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