With the end apparently nigh for a lawsuit challenging the city’s troubled acquisition of the 101 Ash St. high-rise, lawyers for the plaintiff pleaded at a court hearing Friday for the case to proceed.
Wohlfeil, who previously dismissed the city and lender CGA Capital of Maryland from the lawsuit, listened to both sides throughout the 40-minute proceeding.“The court is going to take the arguments under submission,” Wohlfeil said. “I’m going to reflect on the arguments, and I’ll get a minute order out as quickly as possible.”
Aguirre said the city is legally barred from agreeing to a 20-year lease-to-own arrangement without a public vote. But Riney said the case was clear-cut and should be closed — especially because the settlement that was recommended by Mayor Todd Gloria and approved by the council last summer called for the city to pay Cisterra‘s and CGA Capital‘s legal fees.
Aguirre reminded Wohlfeil that a Sempra executive had submitted sworn testimony to state utility regulators in 2014 that the building needed tens of millions of dollars in upgrades — more than it would have cost the company to move to a new building.
There probably would have been a trial if Todd Gloria (against the advice of City Attorney) hadn’t settled with the defendants. He claimed it would “allow San Diego to move on”. Was the real reason for his action that he was afraid 1/2