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
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
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 !