RULING ON SUBMITTED MATTER 03/04/2014 – 8:30 AM DEPT. S32
DONALD ALVAREZ, JUDGE CLERK: STEPHANIE CHANDLER COURT ATTENDANT ERIC ASHE NOT REPORTED – APPEARANCES: NO APPEARANCE.
COURT RULES AS FOLLOWS ON SUBMITTED MATTER: THE COURT HAVING TAKEN THE PETITION FOR WRIT OF MANDATE UNDER SUBMISSION ON 1/17/14, NOW RULES AS FOLLOWS:
– COURT FINDS: THE COURT GRANTS DYNAMIC DEVELOPMENTS REQUEST FOR JUDICAL NOTICE AND TAKES JUDICIAL NOTICE OF SAN BERNARDINO COUNTY CODE SECTION 810.01.200(VV)(9), RJN EXHIBIT 1.
– THE COURT GRANTS THE PETITION FOR WRIT OF MANDATE TO OVERTURN THE APPROVAL OF THE SUBJECT REGARDING THE MITIGATED NEGATIVE DECLARATION AND THE CONDITIONAL USE PERMIT ON THE GROUNDS OF THE FAILURE TO PROPERLY ANALYZE THE PROJECTS IMPACTS ON THE ENVIRONMENT IN THE AREA OF ECONOMIC IMPACTS RESULTING IN URBAN DECAY. THE COUNTY IS REQUIRED TO UNDERTAKE AN EIR FOR THE PROPOSED PROJECT.
– THE COURT DENIES THE PETITION FOR WRIT OF MANDATE TO OVERTURN THE APPROVAL OF THE SUBJECT REMITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT ON THE GROUNDS OF ALLEDGED FAILURE TO PROPERLY ANALYZE THE PROJECTS IMPACTS ON TRAFFIC AND LAND USE PLAN CONSISTENCY. THE APPROVAL ALSO IS NOT DEMONSTRATED TO BE IMPROPER BY THE FAILURE TO IDENTIFY “DOLLAR GENERAL” IN THE PROJECT DESCRIPTION. PLAINTIFF TO PREPARE ORDER & WRIT.
****SEE COURTS RULING ON PETITION FOR WRIT OF MANDATE FILED THIS DATE****
******PARTIES NOTIFIED BY MAIL OF THE COURT RULING IN THIS MATTER******
ACTION – COMPLETE === MINUTE ORDER END ===
A distant voice of support. Some of you may already know that we are in a (very) heated battle that – so we’re told – is the longest in recent US history against Dollar General, at 3+ years. We are “Smart Growth Chester”, in Chester, Vermont.
Two appeals are underway. One at the local-, and one at the State (Superior Court; Environmental Division) level. In the past 3 weeks we’ve been informed that we’ve – technically – lost both appeals. But the local decision was clearly ideologically bent and the (over-zealous and uniformed) wording may have turned the tide in our favor…our attorney’s reviewing as I type. So, yes,…we are appealing…again. ;-)
On fundraising. We have the same challenge you seem to be having. We are reaching out to local artisans to hold small benefit concerts and are organizing silent auctions. We’re doing well on that front. Have fun doing the fundraising and much more will flow.
One pattern that seems consistent: the local population is always FOR a Dollar General…at first. What’s not to like about the short-sited view that cheap stuff will be beneficial? But the more informed the population becomes, the more they reject the incursion. Keep people informed. Keep news about your fight in the news. Be nice (hard as it can sometimes be) and explain the benefits of a thriving local economy that is self-reinforcing rather than allowing predatory entities to step in and send your hard-earned cash back to Tennessee and out of local circulation.
The one thing Dollar General (or any national retail chain) can’t stand is press attention as to how they bully small communities. Keep the fight in the press and go to the big papers/web sites. Dollar General’s stock dropped for 2 weeks when our story hit the New York Times last summer. You can imagine how much they love us.
Nothing beats knowing you’re doing the right thing. Give ’em heck, folks…and don’t let up. Even when all is lost. …it ain’t. And, most of all…know that you are not alone.
We wish you all the best, Joshua Tree – Claudio Veliz, AIA, Smart Growth Chester
The Honorable Donald Alvarez heard our case on Friday, January 17th.
About ten people from Joshua Tree were able to attend.
The hearing lasted about an hour and a half, as the judge listened to both sides and asked some questions.
The judge gave no indication of how he would rule. He has 90 days to issue a written ruling.
We’ll let you know when we know.
We all did our best.
Thanks again everybody!