Re: NCRA vs Novato - any update
Author: Mitsy, ESQ
Date: 06-09-2008 - 20:19
To confirm: the Appeal Court rejected the "statute of limitations"
argument that the NCRA has made. In essence, the NCRA has been
given some very bad legal advice by its counsel. The City of Novato
recognized this as a violation. Judge Ritchie issued a TRO based
on his likely ruling later this year that he will find that the
NCRA violated the law. And now the Appeals Court has come down
on the same side.
It raises questions about the competence of the NCRA's legal
counsel and a reminder to legal readers of this forum that there
are several very important issues yet to be ruled on by Judge
Ritchie, including violations of the Brown Act. The judge could
go so far as to rule the Operating Lease Agreement between the NCRA
and NWP Co is illegal as well as the lending agreement in which
the NCRA pledged public assets as collateral for loans to the
NCRA by the NWP Co.
If NCRA's legal position on these other matters is as poorly
positioned as its position on the statute of limitations, I believe,
there is the potential for even more bad news once the trial
occurs and the judge renders the verdict(s).
Maybe it's time for the NCRA to rethink its legal and political strategies.
Maybe they need to clean their legal house and get a new legal
counsel.