Mountains Recreation and Conservation Authority, a joint powers agency v. City of Whittier, City Council of City of Whittier, County of Los Angeles, et al.
Published: Sep. 7, 2013 | Result Date: Jul. 13, 2013 | Filing Date: Jan. 1, 1900 |Case number: BS136211; BS138796 Bench Decision – Preliminary Injunction Granted
Court
L.A. Superior Central
Attorneys
Petitioner
James L. Goldman
(Miller Barondess LLP)
Respondent
John F. Krattli
(Office of the County Counsel)
Jon Scott Kuhn
(Office of the Los Angeles County Counsel)
Patricia L. Glaser
(Glaser Weil Fink Howard Avchen & Shapiro LLP )
Lawrence L. Hafetz
(Office of the Los Angeles County Counsel)
Facts
Los Angeles County, and the Los Angeles County Regional Open Space District (the "District"), Mountains Recreation and Conservation Authority ("MCRA") and Santa Monica Mountains Conservancy ("SMMC") sought to stop and enjoin an oil drilling project in Whittier being pursued by the City of Whittier and an oil company, Matrix Oil Corporation. The petitioners filed the action claiming the oil drilling project was in violation of Whittier's express commitment to seek and obtain District approval for any change of use or disposition of the Whittier property away from exclusive open use as required under a voter-approved initiative Proposition A and a related Project Agreement executed with the District.
Result
On June 6, 2013, Judge James Chalfant granted the equitable relief sought against the oil drilling project by the District and MCRA. Judge Chalfant found that Whittier was required to obtain the District's approval or disapproval of the oil drilling project and that the oil drilling project was enjoined unless and until any such approval was obtained. On June 13, 2013, the Court issued a preliminary injunction order restraining and enjoining any activity in furtherance of, or related to the oil drilling project in any respect pending the entry of final judgment in the matter.
Other Information
MCRA settled, agreeing to receive up to $11.25 million a year from Whittier's royalties. The District did not settle and the injunction remains in full force and effect and will continue in effect until June 30, 2015 unless the District approves the oil-drilling project.
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