Top Defense Results: San Bernardino County and San Bernardino County Flood Control District v. San Bernardino Associated Governments

It was taxpayer dollars being spent to go after taxpayer dollars, and the sum had exceeded more than $200 million including financing costs and legal fees, said Kendall H. MacVey, the Best Best & Krieger LLP partner who straightened the matter out.

MacVey's motion for summary judgment, granted by San Diego County Superior Court Judge Ronald S. Prager, gave the green light to a settlement that let his client, 25 cities and towns known as SANBAG, off the hook and put a stop to the fiscal bleeding.

Trouble started when the county paid more than $100 million to a developer for allegedly taking its property to build a storm drain channel. The county then sued MacVey's client to recoup, spending more than $30 million in legal fees.

Once-allied public agencies became adversaries. A smell of corruption tainted the case when a former supervisor pleaded guilty to taking a bribe from the developer to approve the $100 million-plus payout.

MacVey got a court order to depose more than 100 elected officials, the county's outside counsel and others, leading to his successful motion that persuaded Prager to throw out most of the claims and let the matter settle. San Bernardino County and San Bernardino County Flood Control District v. San Bernardino Associated Governments, 37-2008-000-79230 (San Diego County Sup. Ct., transferred Jan. 30, 2008).

"This did cause major conflict in the county for more than five years," MacVey said. "By resolving it, we're on the path to reconciliation."

- JOHN ROEMER

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