Court Date Set In Town’s Water Acquisition Efforts

APPLE VALLEY, Calif: Judge Donald R. Alvarez has set trial for Sept. 30 on Liberty Utilities’ challenge to the Town’s right to acquire the Apple Valley Ranchos Water System by eminent domain.

The trial by judge will be conducted in San Bernardino County Superior Court in downtown San Bernardino and may last for several weeks. The legal question before the judge is whether the Town’s proposed acquisition and operation of the Water System is in the public interest. Liberty Utilities is challenging this presumption and will have the burden of disproving it.

If the Court determines that the Town has the right to acquire the Water System, there will be a subsequent trial on the amount to be paid for the acquisition which will go before a jury at a later date.

Liberty Utilities previously challenged the Town’s proposed acquisition in a separate lawsuit that claimed the Town had violated the California Environmental Quality Act (CEQA). In 2018, however, Judge Alvarez ruled there was no CEQA violation and Liberty’s lawsuit was dismissed.

For additional information contact Orlando Acevedo at (760) 240-7915.

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