The so-called Citizens for a Better Eureka (CBE) saw their case against the California Coastal Commission (CCC) thrown out of Humboldt County Superior Court Wednesday.
After issuing a temporary ruling from the bench Wednesday siding with the CCC, lawyers from the Pacific Legal Foundation (PLF) fought to sway Judge John Feeney that the Balloon Track was outside the jurisdiction of the Commission. The court saw through the legal shenanigans and upheld the CCC’s demurrer, thereby tossing the case out of the court without leave to amend the complaint.
PLF represented CBE in the case, but now they’re SOL.
EARLIER: Balloon Track court hearing Wednesday
UPDATE: Wednesday’s smack-down also signals the end of Security National’s lawsuit against the Coastal Commission, but SN lawyers say they will appeal the decision.
Ouch. That hurts.
Next up? Attempt to delay the UP/Baykeeper suit till past the November Election.
OMG, LOL. BOO HOO. What, no Cherie Arkley waving a big check around???
Bazinga!
Was this a surprise to anyone??
HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA!!!!!!!!!!!!!!
….now what? h.m.m.m……let’s see? insanity plea?
boy, that referendum sure means a lot now……’bout as much as a KINS poll!
“PLF represented CBE in the case, but now they’re SOL.”
SOL !!!! Ha Ha Ha!!! That is so FUNNY!!! I am LMGBAO!!!
Where is HI/SLY now?
Another chunk of change wasted that could have gone toward SN’s bills. Seems they have their priorities and they don’t include paying their debts.
licking their wounds and figuring how much a ballot initiative to get rid of Judge Feeney would cost? …..most importantly, who should present the check?
As I have said a few times, why doesn’t he just do it the right way and save the lawyer bills. I am not sure he is the brightest bulb on the north coast.
And who said it’s not as foggy here as it used to be?
Looks pretty dense to me!
Does anyone think Arkley / PLF expected to win this case?
Oh, and let me add, HA, HA, HA, HA HA HA HA HAHAHAHA!
…definitely not, but the drunkest and dumbest for sure! When will he cut Randy Gans and his ‘pet project’ loose?
Randy and dad remind me of George and Lenny…
I’m not surprised. The case was pretty weak sauce.
SN needs to stop incurring new bills, legal and others, and concentrate on paying existing debts.
Maybe the Arkleys should hire Murl to peddle their project. He might be retiring from his other job and he is pretty popular with the masses.
tyson will soon be working for ra..
This blog’s resident right-wingers must hurry and ignore this, before it significantly detracts from their “jobs/growth” fallacy.
Once forgotten, the Marina Center’s history can begin anew! This story will appear once in the local media before vanishing forever, unrelated to and disconnected from all the other shenanigans by the Puppet Master…H.E.L.P., Humboldt Sunshine, Eureka Coalition For Jobs, Citizens For A Better Eureka, “there will be no big boxes on our Balloon Tract”, another failed bank, another personal guarantee, another threat, more lobbyists, lawsuits and front groups…
EHOUGH!
Without a public-interest media to keep track and connect the dots, the predators remain free to lie and to plunder public subsidies for short-sighted, profitable developments.
Perhaps they can buy another trial…$30,000 seems to be the going rate to get Arkley what he wants.
Judge Feeney’s ruling validates and confirms the position of Citizens For Real Economic Growth (CREG): that Security National has been stalling the cleanup of the Balloon Track. If that is not the case, I challenge them today to provide the California Coastal Commission with the information needed to hold the next hearing on their suspended Coastal Development Permit. I call on Gary Bird and Leona Simpson (members of Citizens for a Better Eureka), if they are truly serious about getting the Balloon Track cleaned up and developed, to demand that SN comply in good faith with the Coastal Commission process. That process has now been found to be legally valid, beyond question. There is no reason that remains for Security National’s foot-dragging to continue.
How long will SN’s promised appeal delay things?
As spokesman of CREG, I call on Virginia Bass, Eureka mayor and candidate for Fourth District Supervisor, as well as Eureka City Council members Jeff Leonard, Mike Jones and Frank Jager, to publicly prevail on Security National to comply with the legal process now confirmed by Judge Feeney as valid. Without their voices actively demanding that SN provide the simple information requested by the Coastal Commission over seven months ago, they are tacitly assisting Security National with subverting the process of getting this critical parcel cleaned up and developed. I challenge each of these elected public officials to come forward and demand that Security National act quickly and comply in good faith with the legal process they have so far successfully evaded. In the absence of strong public pronouncements on the part of these four elected individuals, it is left to the citizens of Eureka to conclude that they are more serious about protecting a favored local corporation to conduct political games against its perceived adversaries, than they are serious about cleaning up the Balloon Track.
Neal Latt has spoken. Eureka City Hall is quaking in it’s boots.
HiFi has spoken. His head, being up his ass, makes it hard to understand just how out of touch he is.
Now what HiFi? No way in hell your project is going through sound let’s take a guess shall we? CUE VI files for bankruptcy and dumps the clean up onto its lap dog, the City of Eureka. oh, and Dave Tyson is hired to run CUE 7 : Privitization of the City of Eureka!
Geezus, I bought off the city council, how could I forget to buy off the judge!
Randy, call BP right now! See if they can lend me their judge for a short stint in Eureka. Get on KINS and tell em it’s all about the JOBS, and keeping our kids here, and giving Hifi the choice to shop where he damn well pleases! And start another political action committee to get rid of Neely with the money I owe in back taxes.
Obviously this is how the judge would rule. They were essentially claiming that the Eureka Police had no jurisdiction in Eureka, because a Neighborhood Watch group had claimed the territory.
Frivolous bullshit and an amateurish attempt to bully the California legal system, which is much tougher than the one in Louisiana Arkley is used to dealing with.
The Coastal Commission are not small-timers, Rob, and maybe it’s time you realized that you kind of are.
Why bother HiFi, none of these folks is playing with all the cards.
Neal Latt will get creamed when he runs for city council. That’s what part of this is, look how it worked for Larry Bird. Problem is folks are tired of no jobs and stagnation. He runs his mouth and folks laugh. Look how the cell tower deal went.
Anon, pull your head out long enough to see the big picture. Surprise!!!!!!!
Neal is on target. HiFi, a least Neal put man pants and used is real name.
Take note Neal, Your cell phone tower case that you fought so hard for had the same chances of success as Arkley’s legal challenges. Your heart was in the right place but your politics blinded you and your cohorts. Arkley’s politics are influencing silly legal aspirations against the Coastal Commission too. You might make a good council member if you learned not to listen with your mouth.
Adrian!!!!!
Pitchfork says:
July 1, 2010 at 11:36 am
“Neal is on target. HiFi, a least Neal put man pants and used is real name.”
So, Mr. Pitchfork, you’re saying anonymity is a female trait?
Why, you sexist pig!
You’re a closet homophone!
….does a ‘homophone” play 78′s or 45′s?
Where did the troll GA get homo-anything in Pitchfork’s post? Is he saying HiFi is gay?
Tsk, tsk. The Great Anonymous is not a troll.
It’s a fair question, no?
And calling someone a “homophone” is pleasantly disarming, don’t you think?
GA is displaying decidedly troll-like behavior, i.e. trying to provoke by misrepresenting poster’s obvious intent and no, I don’t think “homophone” is pleasantly disarming since it looks more like a typo than a joke, especially in context. Pitchfork’s post was to make a point that is made here all the time, that people who use their real names rather than a pseudonym (like Pitchfork, HiFi, Heraldo and Plain Jane) are taking more responsibility for their posts than those who don’t. Since PF was posting to a man (HiFi) about a man (Latt) it is only natural to use male analogies and certainly in a more polite way than saying Latt has bigger balls than HiFi does.
Man pants as opposed to little boy pants. I meant to be funny, sorry. I’ll call and apologize to HiFi on his homophone.
See? Good humor all around!
PitchFork 11.36am. Do you even realize how stupid your post makes you look?
I can try for years but never out stupid “El Stupido HiFi”
Arkley must own a LOT of horses because he seems to have a STALL for every occassion.
Neal is dead on. If Arkley had actually tried to do a first class job from the beginning, instead of trying to do everything ‘on the cheap’, it would have cost him less overall and he’d be almost there. Now he cries how all his ‘opponents’ have delayed him and all those pesky regulations have made the job impossible. Tell it to Truckee. They started later and finished way ahead. Now they’re happily attracting tourists and making money. Sorry, Rob.
HiFi, do you know the term “human punching bag”? Well we’re glad you’re here!
Time is of the essence….
So, by delaying through time (ie. legal frameworks, new processes, other tactics, etc..), what is there to be done that is not preferred to be let out of the hat….., just yet anyhow?
Jeffrey Lytle
McKinleyville – 5th District
A-Nony-Mouse @ 9:01 pm,
The crying foul is like only that which an avian fowl would get desperate to do.
There exists enough people in day to day society who have been trained by the corporate mentalities to shift, deflect, twist, traverse, counter accuse, etc… (a deceit/manipulation mind game by those unworthy human beings).
It is true that if a person has ever worked for a corporation (especially a market share corporation), they have been de-humanized with regards to social liabilities and responsibilities when it comes to being economically profitable!!!
Jeffrey Lytle
McKinleyville – 5th District
SN/RA: Time to pay your debts. The people you owe all over the country are taking a hard hit while you go on your merry way. Do the right thing. Then direct your dollars to the Marina Center. Karma is a funny thing.
Mouse, my grandma punches harder than you wimps.
You are still a punching bag, windbag and off course, HiFi. Every time you include your screed here, it’s still subtracting from the sum total of knowledge in the world.
8.45am; Your personal attacks against those that disagree with you only expose your lack of intellect & confidence.
I guess that means since I post with my real name that makes me of high intellect and confidence.
Thanks Hi Finance.
have a peaceful day,
Bill
You didn’t read the posts correctly Bill, but you’re welcome anyway.
Geez, I am inclined to vote against the re-zone in November solely in protest of the Arkley arrogance and manipulation. The development itself- as proposed- I never really had a problem with and still don’t. But now, even if it were to be a manifestation of heaven on earth, I am now opposed to it just because of the “I can do whatever I want and up yours” attitude of the developer. Don’t care about the community- Don’t care about the environment- Don’t care about the law- hey, we don’t care about you either.
There hasn’t been a community around Humboldt Bay for many years…so what does it matter? I’m praying for tsunami, it’s the cleanest way to fix broken Eureka.
Which county will have the most pot gardens busted this year? Shasta, Lake, Sonoma, Tuolumne?
The cops are at it big time tryna get that federal weed bust bailout money. Sonoma had more weed eradicated in the last few weeks than all last year.
Looks like folks are remembering to wear arm chaps when running. Barely any arrests made.
Humboldt might break the top 15 again.
NAME CALLING DOESNTADVANCE IDEAS. JUST THE FACTS–AND SOMETIMES
EVEN COMPROMIISE WILL EVENTUALLY LEAD TO CONCLUSION
HiFi 9:50. Stating what appears to be true about someone who you disagree with shows no lack of intellect or self confidence. Your opinions , to me, reflect a total disregard of the modern world that we live in. It’s not only about money HiFi. Your opinions seem to show that money trumps all else. It is an outdated concept that is showing it’s really ugly side with such things as the oil spill, Wall Street, Clean coal, Supreme Court decisions and more. We need smart growth based on all the ramifications that come with it. If I’m wrong re: your outlook, you have my apology. I really don’t think, however, that I am wrong, based on your comments on this blog.
HiFi says he posts in the extreme to make his points. I still wonder if it partly to be provocative and rile people. In any case, both “sides” seem to do that to a degree – he just takes it to a “lower” level.
I love HiFi’s “my grandma punches harder than you wimps,” immediately followed by his comment about personal attacks showing a lack of intellect. Thanks for the laugh.
I love you too Titan.
But you’re still a wimp.
Ground zero turned out to have residual toxic problems. cleanup of the Brownfield/Balloon track must not be rushed and be converted to safe standards. All of Humboldt will be patrons–not just Eureka.