Thursday, April 26, 2012

Flash: Dutra Legal Costs mostly denied in Court today.


Breaking News:
Wednesday, April 25, 2012

Today, Judge Chouteau denied most of Dutra's requests for reimbursement of
costs related to our case against the approvals of the Dutra Asphalt Plant
in Petaluma.

Dutra's attorneys, Les Perry and Derek Cole, along with Aimi Dutra and
political consultant Rob Muelrath, appeared in Judge Chouteau's courtoom
in Santa Rosa this morning to argue their claims for over $9900 in
allegedly reimbursable costs related to the trial and the preparation of
the case record.

The plaintiffs, including all of the community plaintiff groups and
individuals, and the City of Petaluma, were represented by Christina Caro,
of Lozeau/Drury LLP.

After vigorous arguments about what is, and what is not legally eligible
for reimbursement, Judge Chouteau decided that only $1649.46 of Dutra's
asserted costs were in fact legitimate under California law. The balance
of claims were denied. Judge Chouteau stated that Dutra was not entitled
to receive reimbursement for costs related to Dutra's attorneys' voluntary
review of the case record, which, at over 31,000 pages, was prepared at
the total effort and expense of the plaintiffs. He indicated that such
review was the responsibility of County Counsel, which could not, and did
not, delegate that review to Dutra.

County Counsel declined to file any motion for reimbursement of costs,
indicating that they did not have sufficient records to be able to
accurately assign any costs in the case.

We are pleased that Judge Chouteau saw through the improper and
unwarranted attempts by Dutra and their attorneys to try to get
reimbursements for their purported expenses. Our efforts to continue to
protect and defend the integrity of Petaluma's health, economy and
environment will continue to victory at the Court of Appeals over this
poorly planned and located project.

----
For further information, contact:

David Keller
Petaluma River Council, 707/763-9336
Christina Caro, Lozeau/Drury LLP, 510/836-4200
Richard Drury, Lozeau/Drury LLP, 510/836-4200
Posted by Friends of Shollenberger Park at 10:19 AM

9 comments:

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    I hope they build the asphalt plant, it creates jobs, and it's good to have a local source of asphalt. all the people who don't like it just want our jobs to go to China.

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Community bench donations for inscribed bricks now closed


The bench pad has been installed. We will have a Dedication Gathering in January 2017 at the Community Bench site, located on the South loop of the walking path at Shollenberger Park. Check it out!

Donations to Save Shollenberger always welcome and needed. Think of our park and the work we need to keep doing to save it when making your end of the year donations — tax deductible!



Donate Today!


Hands Around Shollenberger

Click here to watch a video of our Hands Around Shollenberger event!

Watch an additional video of our 400 person rally here

Upcoming Events

Shollenberger Shindig
Feb 25, 2019
River Front Cafe
A Benefit for Friends of Shollenberger (O.W.L. Foundation) fund to protect our park.

Mission Statement

We are a group of ordinary citizens who enjoy open space, clean air, and community well being. We have joined together to preserve and protect Shollenberger Park and the Petaluma Wetlands for all of our families and for future generations.

We provide information and a forum for citizens to learn about our local environmental issues and work towards protecting our park. As a “Special Project” of the O.W.L. Foundation, (http://owlfoundation.net/OWL.htm), we are a non-profit organization and donations to support our activities are tax-deductible.

Read More

  • 2014 Petition for Rehearing
  • Dutra Reply Brief 9/25/2012
  • Dutra Opening Brief 7/20/2012
  • Judge Chouteau's decision 12/23/2011
  • City Opening Brief (PDF)
  • Trial Brief CEQA Brown Act (PDF)
  • Dutra's Record
  • Our Partners In This Fight
  • More Information

This fight is not over!

Stay tuned for our next steps in preserving and protecting Shollenberger Park and Petaluma Wetlands, and our community from an asphalt factory at Haystack Landing.

How You Can Help

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