Tom Butt
  E-Mail Forum – 2018  
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  City of Richmond Files Motion to Dismiss Recent Point Molate Litigation
July 26, 2018

The City of Richmond has filed a motion in federal court to dismiss (click here) a lawsuit brought by SPRAWLDEF, a public benefit corporation, Citizens for East Shore Parks, a public benefit corporation, James Hanson, Tony Sustak, Paul Carman and Pamela Stello, individuals.

The plaintiffs listed above sued the City in State court attempting to invalidate the Federal court Judgment by alleging certain unspecified and conclusory violations of the Brown Act. The City successfully removed their lawsuit to Federal court, successfully opposed their intervention into the concluded Federal court litigation with Upstream and the Tribe and then successfully moved to have their Brown Act lawsuit assigned to Federal District Court Judge Yvonne Gonzalez-Rogers, whose Judgment they seek to invalidate.

The City filed this Motion to Dismiss the lawsuit, arguing that: (i) their challenge is barred by the principles of res judicata which bar the re-opening of this years-long dispute that was fully adjudicated by the Judgment; (ii) they lack standing, as there is currently no case or controversy, nor is there any claim ripe for adjudication; and, (iii) they have not alleged any facts supporting a claim of a Brown Act violation.

Any one of these, standing alone, supports dismissal. The motion will be heard on September 11, 2018.