March 27, 2006

Bay Meadows Co. files lawsuit

"Yet another ring was added to the Bay Meadows legal circus Friday when the land company filed its own lawsuit in San Mateo County Superior Court against San Mateo and the citizens group opposing the racetrack's redevelopment.

When the Bay Meadows Land Co. on March 7 was denied intervention in the Friends of Bay Meadows lawsuit against the city and San Mateo County's elections office, filing its own lawsuit was the predictable next step, counsels on both sides of the issue said.

In its lawsuit, the Bay Meadows Land Co. and plaintiff Suzanne Flecker challenge the referendum petition filed by Friends of Bay Meadows on Dec. 7, claiming it was ``so poorly drafted that it failed to meet the most basic requirements of California election law.''

The lawsuit alleges three specific failures to meet the state's election code: not advising potential signers that the referendum was protesting the adoption of an ordinance or resolution; not providing the correct title of the ordinance or resolution being challenged; and not including the full text and accompanying exhibits of the ordinance or resolution being challenged.

``These are not trivial defects,'' the lawsuit read.

Robin Johansen, legal counsel for the developer, said the company filed the lawsuit for reasons similar to those in its attempt to intervene in the Friends of Bay Meadows lawsuit."

The article is here.

Posted by Randy Riddle at March 27, 2006 08:49 AM