On Friday Dec. 3, 2010, the Third District Court of Appeal in Sacramento, advised the Town of Mammoth Lakes that it will be given the opportunity to re-argue the “Hot Creek” appeal because of the retirement of one of the justices who was present for the original oral argument.
A new argument date has been set in Sacramento on Monday, Dec. 20, 2010.
Oral arguments regarding the $30 million trial court verdict in this case were originally heard by the Court of Appeal in Sacramento on October 18, 2010. Based on the comments and questions made at that hearing by the panel of judges, the Town Council had concluded that there was a significant risk that the trial court verdict would be upheld.
The re-hearing provides an opportunity for the Town to address issues that were raised by the panel and to present its arguments to the new judge. After the case is re-argued, the Court will have another 90 days to issue its decision.
This litigation arose when the Hot Creek developer claimed that the Town interfered with its rights under a development agreement to build a 250-room condominium hotel at the Mammoth Yosemite Airport, and further claimed that the Town should be held responsible for the FAA’s interference with the project. TOML