Newberry CSD Files Superior Court
Appeal On Daggett Solar Power

Posted: January 11, 2020
Newberry Springs Community Alliance
by Ted Stimpfel

Good work!

    Despite having a very short time to prepare the document, the lead attorney, Mike Gatto (Hollywood, CA), has presented a far better Petition For Writ Of Mandate And Complaint For Declaratory And Injunctive Relief than I expected.

    The 18-page document appears to cover the key elements and it was timely filed on Thursday, January 9, 2020.

    The biggest item that annoyed me in the filed papers is that the Daggett Solar Power 1 project is not properly identified.  As the action is principally against the County of San Bernardino and its cast of characters, the Real Party In Interest is secondary, but the err is awkward.

    The above (linked) Petition was copied from the Newberry CSD's website.  The CSD's staff promptly posted the document after receiving it on January 10th.

    The conformed copies have the filing stamp on all of the documents except for the actual Petition which also lacks signatures.  Hopefully, the law office only sent a prefiled copy.  Other than that and a few typos, the work is impressive for the time allowed to prepare the document.

    It is believed that Director Jack Unger, the earlier driver of the CSD's appeal, was pushed aside from participating in the CSD's relationship with the attorney.

    Legal protocol requires that the attorney can only work with the CSD's president, Robert Springer, and the CSD's general manager, Jodi Howard, as the legal representatives of the CSD.

    Newberry Springs has a disability by having been economically and socially marginalized and excluded from support by the county's lack of attention.

    Newberry Springs' historical river water has been stolen by up-river development and the community is continuing to be used as a dumping grounds for various undesirable elements, including solar power development which the county is discriminately forcing upon Newberry Springs and not upon the county's urban areas where the power is served.

    Disadvantaged rural areas like Newberry Springs deserve equal attention, protection, services, and the opportunities that are given the more populated urban areas.

    There are laws that can protect Newberry Springs from adverse development and dumping.  With a highly corrupt county government, it is up to the citizens to enforce those laws.

    The Newberry CSD is beginning to recognize those responsibilities.  Congratulations to it !

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