Appeal denied, new lawsuit okay: SP, CEDC each score a win in court

March 06, 2009
Santa Paula News

Santa Paula and Cabrillo Economic Development Corporation (CEDC) each won in court last week after a Superior Court judge ruled the affordable developer’s appeal on its failed lawsuit based on the City Council rejection of Plaza Amistad was out, but CEDC could proceed with a lawsuit based on state fair housing law.

By Peggy KellySanta Paula TimesSanta Paula and Cabrillo Economic Development Corporation (CEDC) each won in court last week after a Superior Court judge ruled the affordable developer’s appeal on its failed lawsuit based on the City Council rejection of Plaza Amistad was out, but CEDC could proceed with a lawsuit based on state fair housing law.Superior Court Judge Henry Walsh’s ruling - issued late last week - noted that in CEDC’s latest lawsuit, “Plaintiff has alleged a prima facie case of discrimination by alleging disparate impact on a cognizable group.” Walsh allowed the complaint to proceed under the grounds that certain groups - such as racial and ethnic minorities and households with large numbers of children - were disparately impacted when the Council rejected the Plaza Amistad project in August 2007. Cabrillo also claims it was discriminated against as a minority-owned corporation.
A split Council majority rejected Plaza Amistad in 2007, citing concerns of safety and density. The original project of 150 units was to be split between low-income apartments and market-rate townhouses. The development targeted a 6.5-acre vacant lot on West Santa Barbara Street located just east of Dean Drive. The Planning Commission is now considering the new application for the project, now converted to 150 rental only units.Cabrillo’s initial lawsuit was ruled against in November, when Judge Frederick Bysshe upheld the Council’s decision to reject the zoning change requested by CEDC. Cabrillo announced the second state fair housing lawsuit in a company press release addressing the November loss in court.Cabrillo is seeking unspecified damages, costs associated with project delays, and court orders commanding the city to approve the project. The city has until March 31 to file its answer to CEDC’s discrimination lawsuit.



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