Case Details of GNM76728: Flanders Foundation vs. City of Carmel By the Sea, et al
Writ of Mandate Hearing: Thursday, 1/11/2007, 9:00 A.M., Courtroom 14
Judge: Honorable Robert O’Farrell
Case Number: GNM76728
Case Caption: Flanders Foundation vs. City of Carmel By the Sea, et al
Case Type: Civil: Monterey
Original Filing Date: 11/3/2005
PET/PET Attorney: Flanders Foundation/Susan Brandt-Hawley
RES/RES Attorney: City of Carmel by the Sea & City Council of the City of Carmel/William B. Conners
For more information, click on post title above, click on Index Search, for Select a Division, select “Civil Unlimited,” for Search By Division and Case Number, type M76728, then click Search.
3 comments:
Sue’s MO is to repeat an untruth often enough people come to believe it as true. No matter how outrageous or unbelievable. How many times have Carmelites heard her say we need to sell the Flanders Mansion because we need the money. Money for what, Sue? Finance more of your pipe dreams like the SCC? Certainly not for rudimentary itmes like streets and roads, city buildings, restrooms on Scenic, reforestation. Come on!
On behalf of Carmel, Bill Conners’ oral arguments were disingenuous. He attacked the Flanders Foundation for having a business plan; yet any City Council would demand a business plan from any potential serious leasees. He argued that the Flanders Mansion is not parkland because it has always been used as a single family residence; yet in the 34 years the city has owned Outlands, it has been used for numerous other purposes. He said that the city has not violated the code for maintenance because the building official has not inspected or chronicled the deficiencies, etc.; yet the city has been notified numerous times of its condition. He argued that there is no difference between selling and leasing; excuse me, access issues, ownership issues, etc.
Overall, Mr. Conners’ reasoning appeared circular and insubstantial and unimpressive.
Conners exemplifies the city’s conduct; he thinks he can redefine vocabulary to suit himself. For example, Conners argued in court the word “shall” does not mean mandatory, but directory. Therefore, the city is under no obligation to maintain Flanders Mansion. Parkland is really not parkland, etc. The city does the same thing when Sue goes back on her word there would be a public hearing on the lights in the Ocean Av. medians. I guess the words honesty and integrity aren’t in her vocabulary.
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