Joshua Tree Downtown Business Alliance member Celeste Doyle has posted an update on the situation on Facebook:
The recent ruling is bad news. Our only option to keep this litigation alive is to file a Petition for Supreme Court review. The Court’s review is discretionary, but the Court has criteria, including whether the case at hand can be used to resolve a conflict in the lower courts – I think we have that here and can use it draw the court’s attention. Counsel says our deadline to file said petition is July 25. We think it would cost another $10K all told. Next, the appellate decision says we have to pay “costs on appeal” (if we don’t get this decision changed), but that should not be much and we think we have that already available. Lastly, just because you donate to the cause does not mean you are, or can be held, in any way responsible, financially or otherwise, for how this all plays out in the end. Thanks for any feedback –
What say you? should we go the next round?
Respond here: NO DOLLAR GENERAL IN JOSHUA TREE Facebook group
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Last week the 4th Appellate District Division 2 State Court of Appeal reversed Joshua Tree Downtown Business Alliance’s 2014 victory in “CEQA Court” (CEQA: California Environmental Quality Act). In that case, San Bernardino County Superior Court Judge Donald R. Alvarez had agreed with the JTDBA that the store’s potential harm to the town’s economy had not been given adequate consideration in the approval process.
You can read/download the Court of Appeal’s 35-page June 15, 2016 decision here. The ruling was written by Presiding Justice Manuel A. Ramirez, with Associate Justice Thomas E. Hollenhorst and Associate Justice Carol D. Codrington concurring.
This is a major and perhaps fatal blow to the people of Joshua Tree’s five-year-long fight to keep Dollar General and developers Dynamic Development and Depierro Development from building a Dollar General store at the corner of Sunburst and the 62.
An appeal by the JTDBA to the California State Supreme Court is possible, but would be something of a hail mary as the Court hears fewer than 3 percent of the cases sent its way.
The JTDBA is consulting with its legal counsel as to what to do next, with an announcement expected soon.