SAN FRANCISCO - Officials for the Town of Ross cannot escape potential liability for claims arising from their denial of resident Alan Grujic's plans to improve his property with a solar energy system and other projects, according to an August 19 decision by Marin County Superior Court Judge Michael B. Dufficey.
Mr. Grujic, who is represented by Squire, Sanders & Dempsey L.L.P., sued the Town of Ross after town officials rejected his project. Mr. Grujic claims that his rights to due process and equal protection under the law were denied and that the town's municipal code is both unconstitutionally vague and applied arbitrarily. Mr. Grujic's complaint alleges that town officials' explanations for denying the project varied over time and contradicted previous explanations and findings. The complaint also alleges that some of the reasons given for rejecting the project had no basis in fact. Indeed, some project elements cited as reasons to deny the current project had been included in previous projects the town had approved.
"This has been a very frustrating experience for our client, who made every effort during the plan review process to comply with the stated guidelines and accommodate the town's requests for changes," said lawyer Mark C. Goodman, who represents Mr. Grujic along with Squire Sanders lawyer Amy E. Rose. "Even so, he was still denied permission to proceed, meaning that he cannot improve his property for his young family despite the fact that there is no compelling reason for the Town's conduct."
Town of Ross officials tried to escape liability for using improperly vague municipal code provisions and in unfairly applying the municipal code by moving to strike Mr. Grujic's claims. The Town also asked the court to allow it to avoid a request by Mr. Grujic's lawyers to review information about the town's review process and about other projects the town has denied or approved. The court denied the town's motion to strike and has ordered the town to provide information on the other projects within 20 days.
"The key here is that the town tried to use litigation tactics to avoid liability and to not provide information to our client, and the court said 'no'," said Goodman. On September 2, 2009, Judge Dufficey issued his final order, which requires the Town of Ross to answer Mr. Grujic's complaint within 10 days and respond to his outstanding discovery within 20 days.
For more Information, please contact
Mark Goodman
+1.415.954.0289
mgoodman@ssd.com
Amy Rose
+1.415.393.9878
arose@ssd.com
About Squire Sanders: Founded in 1890, Squire, Sanders & Dempsey L.L.P. has lawyers in 32 offices and 15 countries around the world. With one of the strongest integrated global platforms and a longstanding one-firm philosophy, Squire Sanders provides seamless legal counsel worldwide.
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