On. Jan. 29, Riverside Superior Court Judge Daniel Ottolia ruled that most of the arguments the city of San Clemente and a homeowners association in the city have against The Toll Roads proposals can move forward in their civil lawsuits.
“(On Jan. 29), with minor exception, the court ruled completely in the city’s and The Reserve’s favor on their demurrers and on related motions,” said San Clemente city attorney Scott Smith.
A demurrer is a pre-trial motion suggesting essentially that a plaintiff’s (or petitioner’s) complaint should be dismissed because the complaint is not viable for adjudication.
What these rulings did was give some merit to their arguments, something The Reserve Maintenance Corporation in San Clemente and the city have litigated to achieve for about 18 months, Smith said.
The city is seeking to challenge the environmental compliance of a protective agreement that was completed in 2016 between the Transportation Corridor Agencies (TCA) and the Save San Onofre Coalition, a faction of nonprofit organizations, which settled a 15-year lawsuit. The Reserve initially challenged the Brown Act compliance in the way in which the TCA devised its several toll road proposals, some of which would go straight through San Clemente. The judge had ruled the statute of limitations had not expired in this claim.