Liberty decision: Update (Carloni) (May 12, 2021)
I was in court this morning and listened to the proceedings in Town of Apple Valley v. Apple Valley Ranchos Water Corp. (Case no. CIVDS1600180).
BB&K/Town has until June 1, 2021, to file objections to the Tentative Statement of Decision.
Liberty has until June 18, 2021, to respond to the objections in writing.
The Court will hold a hearing on the objections and issuance of the final statement of decision on July 23, 2021, at 10:00 a.m.
After the statement of decision is final, the prevailing party will file its motion for attorney fees and costs. After the motions on fees and costs, a final judgment will be prepared and signed. When signed and entered the 60-day period within which an appeal can be filed will commence. Conceivably, there may be no final judgment until the end of the year. Just want to set an expectation so no one is frustrated.
If the Town manager has been authorized to hire appellate counsel, do we know if it will be someone independent? Hope so!
Diana J. Carloni
Attorney at Law
Files related to CIVDS1600180
- 20160107 TOAV Complaint: CIVDS1600180
- 20160223 LAV Answer: CIVDS1600180
- 20180228 Ruling on motion to compel production of Town’s transition plan: CIVDS1600180
- 20210507 Tentative Decision: CIVDS1600180
- 20210507 Key excerpts from the Tentative Decision: CIVDS1600180
- 20210511 Judge makes preliminary ruling against Apple Valley taking over water system
- 20210517 A closer look: Why Liberty Utilities’ arguments were favored in Apple Valley’s eminent domain lawsuit
- 20210601 Town of Apple Valley’s Objections to Tentative Statement of Decision: CIVDS1600180
- 20210618 Liberty Utilities’ Response to Town of Apple Valley’s Objections to Tentative Statement of Decision: CIVDS1600180
- Liberty decision: Thoughts and impressions (Carloni)
- Liberty Utilities decision (Carloni)
- Liberty decision: Update (Carloni)
- Hearing tomorrow on Town/Liberty decision (Carloni)
- Court report: Eminent domain trial hearing update (Carloni)
- 20211007 Ruling on objections to Tentative Statement of Decision: CIVDS1600180
- 20211008 Final Decision: CIVDS1600180
- 20211009 Liberty Utilities’ Statement in response to the Final Decision: CIVDS1600180