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Environmental Law
Injunction
Zoning Misrepresentation

Union for a River Greenbelt Environment v. William P. Johnson, Patricia Johnson, Vail Lake USA, LLC, Vail Lake Village & Resorts, LLC, et al

Published: Dec. 21, 2004 | Result Date: Sep. 23, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 384828 Bench Decision –  $0

Judge

Dallas S. Holmes

Court

Riverside Superior


Attorneys

Plaintiff

Carl T. Sedlack

Raymond W. Johnson


Defendant

Craig M. Collins
(Blum Collins LLP)


Facts

The plaintiff is a not-for-profit environmental watchdog group headquartered in Temecula that is dedicated to ecosystem protection and improved land use planning. It brought an action for declaratory relief against the defendants, owners and operators of an RV park in the area known as Vail Lake. The plaintiff filed 11 causes of action alleging violations of State and Federal environmental laws. Of the plaintiffs' original 11 causes of action, the plaintiff dismissed all but two which remained and formed the subject-matter of the present suit. The defendants brought a motion for summary judgment.

Settlement Discussions

The plaintiff made a settlement demand for $2 million lowered to $1 million the day of trial. The defendant made an offer of $10,000 later raised to $50,000.

Damages

The plaintiffs sought injunctive relief to require the defendants to conform to the law and to restore all environmental damage done as a result of their alleged illegal activities.

Injuries

The plaintiff suffered numerous bronchial respiratory infections and depression. The plaintff claimed that he did not have any similar prior medical conditions.

Result

The court granted the defendants' summary judgment.

Other Information

The verdict was reached approximately _____ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on _____/_____/19____ before ________________ (name) of ___________________ (affiliation or court) resulting in ___________________.

Poll

9-3


#116927

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