California Earthcorps Files Notice of Appeal Re Superior Court Decision Upholding QW Bay Tidelands Trust Exchange ("Land Swap")
Superior Court OK'd State Lands Comm'n and LB City Hall actions
(July 5, 2002, updated July 8) -- Through its attorneys, California Earthcorps has filed a legal notice stating it is appealing a May ruling by a Sacramento Superior Court that upheld the "land swap" (tidelands designation exchange) between the State Lands Commission and City of LB in connection with the Queensway Bay entertainment project (now called the "Pike at Rainbow Harbor").
The legal notice, filed with the Superior Court by the L.A. office of environmental lawyers Chatten-Brown & Associates, states simply:
"PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure Section 904.1, Petitioners hereby appeal to the Court of Appeal of the State of California from the Judgment Denying Petition for Writ of Mandate entered by the Trial Court on May 17, 2002. A true and correct copy of this Judgment is attached as Exhibit A."
Doug Carstens, an attorney with the Chatten-Brown firm, told LBReport.com, "The case could have significant ramifications up and down the California coast."
[July 8 update] Kathy Jenson, an attorney with the law firm of Rutan and Tucker representing the City of LB with the City Attorney's office in the matter, told LBReport.com: "We'll now move forward to defend the city's position in the appeal. The trial court judge sided with the city and we believe her reasoning is correct."
Additional comment is pending.
In May, a Sacramento Superior Court ruled against CA EarthCorps, and in favor of the CA State Lands Commission and the City of LB, concerning the Queensway Bay "land swap." The State Lands Commission gave up state tidelands designation on certain commercial footprints within the QW Bay tidelands areas in exchange for receiving from the City of LB land along the L.A. river that will now carry tidelands designation.
LBReport.com posted the Superior Court ruling verbatim when issued and has kept it available at: May, 2002 Superior Court ruling, Califoria Earthcorps v. State Lands Commission & City of LB. Our coverage of the May ruling is at Sacramento Superior Court Upholds QW Bay State Lands Exchange Agreement ("land swap").