HomeMy WebLinkAbout1988-10-04; City Council; 9673; Settlement AgreementC'TY OF CARLSBAD - AGEWA BILL
RB# 91993
MTG, XmRECOVERY 10/4/88 OF COSTS IN
CONCERNED CITIZENS v. CITY OF CARLSBAD
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RECOMMENDED ACTION:
Direct the City Attorney as the City Council deems appropriate.
ITEM EXPLANATION
The Court of Appeal for the Fourth Appellate District in a
unanimous decision has ruled in the City's favor in the case of
Concerned Citizens v. City of Carlsbad. I have reported to you in
detail by separate memoranda on the Court's opinion. Besides affirming Judge Moon's trial court decision which ruled that the City Council acted appropriately in all respects in regard to the election, the Court of Appeal also awarded the City of Carlsbad its costs on appeal. Although we are still putting our cost bill together it appears we are entitled to recover approximately
$750. Concerned Citizens is an unincorporated association and I'm
not altogether clear who the responsible parties are but Mr. Smith and Mr. Skotnicki appeared throughout the litigation representing
they were speaking for the group so it appears they would be
responsible. Since this is not a normal item of litigation involving as it does a citizen's group, it occurred to me there were policy questions involved in a decision of whether or not to pursue recovery of our costs. Assuming those efforts might meet with some resistance it is also possible that the time and effort
involved in actually collecting might not be cost effective. For those reasons I am seeking direction from the Council as to whether or not our office should pursue cost recovery,