**NEWS FLASH ** La Paloma Wins CFSD Declaratory Relief Case
After 3+ years and a 1 1/2 day trial, Judge Carmine Cornelio ruled from the bench today (very rare) over Catalina Foothills School District in favor of the La Paloma Property Owners Association in the Declaratory relief action filed by LPPOA in 2007.
His interpretation of the 1994 Stipulated Judgment (when CFSD purchased Block 24 for the new child care facility) is that indeed as was the original agreement between the parties: NO VEHICULAR ACCESS to the common areas of La Paloma.
While this is certainly a big win, it is not over yet. CFSD could still appeal, though my personal opinion is that it would be fruitless. The fact that Judge Cornelio ruled from the bench is a pretty good indication that any appeal would be futile.
LPPOA is asking the Judge for all our attorney fees and expenses associated with the case. These amounts would be paid by CFSD if granted by the court.
There is still the additional Condemnation case where CFSD have already "taken" the first 150 feet of Campo Abierto from Sunrise to the intersection of the child care facility.
This case continues, so there will be no immediate or noticeable changes to Campo Abierto and the new intersection.
Still CFSD has now posted a $453,000 cash bond for "the take", and likely several hundred thousand dollars in legal fees and expenses, PLUS if the court deems fit, LPPOA attorney fees and expenses.
Sounds like the School Superintendent will have a lot of explaining to do to the School Board and the Taxpayers.