City of Fullerton Prevails in Superior Court Case
On December 6, 2018, the Fourth Appellate District of the Court of Appeal of the State of California sided with the City and Pacific Coast Homes in the appeal filed by Friends of Coyote Hills. All three judges affirmed the City’s actions. The appeal was directed at the meaning and effect of Condition 26 of the 2011 Specific Plan and TTM resolutions, which provided that “[i]n the event the Development Agreement is terminated, all other approvals for the project shall be null and void.” Consistent with what the City has argued from the beginning, the Court found that Condition 26 must be read in the context of the entire package approved by the Council in 2011, and that the City and PCH clearly did not intend a referendum of the DA ordinance to terminate the other project approvals. In addition to unanimously siding with the City, the Court also ordered the plaintiff to pay the City’s legal costs for the appeal defense.
Click here for more infromation on the West Coyote Hills update.