• ABSTRACT: Regarding The Flanders Foundation v. City of Carmel-by-the-Sea, et al., (M76728); the City has until 13 October 2007 to appeal Monterey County Superior Court Judge Robert O’Farrell’s decision. If the City appeals Judge O’Farrell’s decision, a panel of three justices of the Sixth District Court of Appeal, San Jose, will hear the case. The appellate court justices will only review the “written record to determine if the trial court properly interpreted the law and used the correct procedures when considering the case.” Their decision/written opinion will set forth the “facts and rules of law upon which the decision” was made and must be issued within 90 days after the case was taken under submission. According to Flanders Foundation attorney, the appellate court justices will probably hear the case in spring 2008.
CITY COUNCIL
Tour of Inspection
&
Closed Session
Monday, August 6, 2007
III. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:
A. Existing Litigation - Government Code Section 54956.9(a) -Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M76728
COMMENTS:
If the City of Carmel-by-the-Sea decides to appeal Monterey County Superior Court Judge Robert O’Farrell’s decision, the court with jurisdiction over the case is the Sixth District Court of Appeal.
SIXTH DISTRICT COURT OF APPEAL
Location and Contact Information
333 W. Santa Clara Street, Suite 1060
San Jose, CA 95113
Telephone: (408) 277-1004
Hours: 9:00 A.M. - 5:00 P.M.
The Court of Appeal, Sixth Appellate District is located on the tenth floor of the Comerica Bank building at 333 West Santa Clara Street, Suite 1060, San Jose, CA 95113.
As of today, the City has not formally appealed. Since the filing of the judgment was delayed for “clerical reasons” at the Monterey County Superior Court, the City has until October 13, 2007 to file an appeal. If the City files an appeal, the Sixth Appellate Court will probably not hear the case until spring 2008.
(Source: Susan Brandt-Hawley, Attorney for Flanders Foundation, Plaintiff)
To Search California Appellate Court Cases of the 6th Appellate District, click on Post title above, and then Search by:
• Court of Appeal or Trial Court Case Number i.e. M76728
• Party i.e. Flanders Foundation
• Attorney i.e. Brandt-Hawley, Susan
• Case Caption i.e. Flanders Foundation, Carmel-by-the-Sea
Important Information to Know About Appellate Courts
• In most cases, the decision of the Court of Appeal is the final decision because the California Supreme Court grants review of only a few Court of Appeal decisions.
• Proceedings in appellate courts are different than proceedings in trial courts. In trail courts, as in this specific case, Judge Robert O’Farrell heard from the plaintiff’s attorney and the defendant’s attorney, reviewed exhibits and documents and later issued a decision. Appellate courts only review the “written record to determine if the trial court properly interpreted the law and used the correct procedures when considering the case.”
• Each appellate court case is considered by a panel of three justices. Appellate court justices review the parties’ written and oral arguments. Cases are decided by a majority of justices. Wherever an appellate court reverses a trail court decision, “it almost always allows the trial court to rehear the case using the correct law and procedures.”
• The California Constitution stipulates that the decision must be issued within 90 days after the case has been taken under submission; the written opinion sets forth the "facts and rules of law upon which the decision” was made.
Source: What Appellate Justice Do, http://www.courtinfo.ca.gov/courts/courtsofappeal/6thDistrict/do.htm
1 comment:
Flanders Mansion and grounds are a sorry site. Heavens knows what the condition of the building is inside with no heating, ventilation and maintenance. The grounds are really in a sad way. The once watered lawn is dry, dead grass. Many of the plants look dead or dying. The water has been turned off. Ever since the caretaker was evicted the whole site has deteriorated beyond belief. The city has spent over $100,000 in defense and plaintiff legal fees because Mayor Sue doesn’t want a vote on the sale of Flanders, yes or no. The city is still paying Bill Conners and will inevitably appeal the verdict. The appellate court will not review it until spring 2008. During that time, taxpayer money will continue to be spent and wasted and Flanders and grounds will continue to deteriorate all because of a mayor, like a petulant child, cannot have her way when she wants her way, which is all the time and demands to have her way even when proved to have broken the law. Finally if a vote comes and Carmel voters believe the lies of McCloud and Company and vote to sell a National Register property-by the way, no city that I know of would sell a NR property-the city expects to get $5 million. And the city paid less than $300,000 and has not maintained the property for many years and still expects a buyer to pay the city $5 million. Now that’s chutzpah.
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