19 Mar San Gabriel Valley Water & Power amends lawsuit against Cities of Industry, Chino Hills and Diamond Bar
For Immediate Release
San Gabriel Valley Water & Power amends lawsuit against Cities of Industry, Chino Hills and Diamond Bar
March 19, 2019 – Los Angeles, California –San Gabriel Valley Water and Power (SGVWP) has amended its existing suit against the cities of Industry, Chino Hills and Diamond Bar, and the Tres Hermanos Conservation Authority (THCA), a joint powers agency created by the cities.
The amended complaint alleges that the cities violated the Brown Act in regard to the following:
- Closed sessions concerning pending litigation;
- Closed sessions and private meetings involving real property negotiations;
- Failure to hold open and public sessions regarding negotiations for the sale of Tres Hermanos Ranch to the THCA, which was created by the cities for the purpose of taking control of that property;
- Failure to post agenda items and make required disclosures related to private negotiations and public business matters, related to Tres Hermanos Ranch; and
- Making collective commitments/promises and taking other actions outside of open and public sessions, related to Tres Hermanos Ranch;
The amended complaint also alleges that the cities and the THCA:
- Engaged in wrongful conduct that was intended to disrupt an economic relationship; and
- Committed tortious, intentional interference with SGVWP’s prospective economic advantage.
“Government is required to operate in an open and transparent manner,” said Anthony Barkett, SGVWP Managing Partner, “The intentional acts and willful misconduct of all three cities, their elected officials and staff are illegal and harm not just SGVWP, but the public at large. Our litigation is necessary to hold these entities accountable and to protect others who may want to do business with them or provide input on their decisions.”
The amended complaint seeks a writ of mandate and injunctive/declaratory relief regarding these willful violations and their subsequent impact on SGVWP’s efforts to develop the Tres Hermanos Ranch with a solar and energy storage project. SGVWP has also submitted administrative claims for monetary damages to the cities and the THCA, related to those entities’ tortious interference with SGVWP’s project. If those claims are not met, SGVWP intends to further amend the complaint to request a court judgment awarding damages to SGVWP.
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San Gabriel Valley Water and Power is an energy solutions organization specializing in global renewable energy infrastructure projects.