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Real Property
Construction

Hidden Valley Ranch v. City of Poway

Published: Dec. 29, 2007 | Result Date: May 1, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GIC852143 Bench Decision –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

David G. Ronquillo

Manuel Corrales Jr.
(Law Offices of Manuel Corrales Jr.)


Defendant

Anthony J. Boucek

Lisa A. Foster

Steven E. Boehmer
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)

Tamara Smtih


Experts

Plaintiff

Eugene F. Cook
(technical)

Facts

Northpoint Development started developing property into a subdivision in the 1990s, and was required to develop and build a sewer infrastructure. Defendant city of Poway mandated that the sewer pump station infrastructure be increased to support a greater capacity. Defendant agreed to contribute $150,000 toward the project.

Plaintiffs Hidden Valley Ranch and others sought to have a subdivision map approved for 41 units, but defendant required plaintiffs to partake in the sewage reimbursement agreement. According to plaintiffs, the costs associated with their development would be $135,000. They further claimed that defendant's share was actually over $900,000, but defendant had reached an agreement with Northpoint to pay only $150,000 and pass off the remaining payments to other property owners. The defendant argued plaintiffs' contribution was $201,000 toward the project.

Result

Judgment was for defendant.


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