An lawyer for Rancho Cucamonga investor group and developer Colonies Companions LP filed a declare Thursday towards San Bernardino County looking for greater than $forty five million in damages, alleging the county did not indemnify Colonies in two authorized actions.
A November 2006 settlement settlement between the county and Colonies Companions, in response to the declare, ensured the county would indemnify the developer or any of its brokers in any future authorized challenges to the negotiated $102 million settlement, in Colonies’ favor, which ended an almost 5-yr authorized battle over flood management enhancements at Colonies’ four hundred-plus acre residential and business improvement in Upland.
The 2 authorized actions embrace the failed legal prosecution of Colonies co-managing associate Jeff Burum and three former prime county officers in reference to the $102 million settlement and a subsequent civil lawsuit introduced towards Colonies and the county in February 2012 by two taxpayer teams that was finally dismissed.
Final month, lawyer Stephen G. Larson, who represents Colonies Companions and efficiently defended Burum within the felony case, hand-delivered a requirement letter to the Board of Supervisors and spoke publicly through the board’s often scheduled assembly. He additionally offered to supervisors almost inch-thick binders of summaries, supporting authorized paperwork, and a breakdown of prices — together with $32 million in authorized payments — despatched to every supervisor’s workplace in addition to the County Counsel.
The declare states that the county did not indemnify Colonies by not defending the validity of the settlement and “aiding the San Bernardino County
District Lawyer’s Workplace and California Lawyer Common’s Workplace of their efforts to invalidate the Settlement Settlement and criminally prosecute Jeffrey Burum.”
“Underneath the settlement settlement, the (flood management) district agreed to indemnify and defend Colonies towards “all actions by any means” arising out of, amongst different issues, the district’s obligations beneath that settlement,” in accordance with the declare. “The taxpayer motion and felony motion are topic to this indemnity and protection obligation as a result of each actions have been based mostly on the idea that the district’s cost of $102 million to Colonies was unlawful.”
Prosecutors alleged bribery drove the historic $102 million settlement, not rising damages being accrued by Colonies because of the extended litigation and tentative rulings by two San Bernardino Superior Courtroom judges in favor of Colonies Companions. A type of judges, Christopher Warner, charged the county with appearing in dangerous religion, enjoying “cover the ball” with Colonies and endangering public security.
County spokesman David Wert stated in an e mail immediately, “The county rigorously considers all claims and acts in the perfect pursuits of everybody concerned.” He stated the Board of Supervisors will decide what course the county will take, however the preliminary response of the county’s attorneys is…