BREA : Hearing in Lawsuit Against City Delayed

A hearing in a lawsuit brought against Brea and its Redevelopment Agency by foes of the city’s ambitious redevelopment plans was postponed last week after city attorneys asked that a Superior Court judge be appointed to hear the case.

Orange County Superior Court Commissioner Eleanor M. Palk was scheduled to preside over the lawsuit, which is brought by the Brea Small Business Coalition and several downtown merchants.

City officials argued that a judge, rather than a hearing officer, should hear the case.

“We are entitled to have a Superior Court judge consider the matter,” City Atty. James L. Markman said. “I would like to have this problem very carefully weighed and decided. It’s better that the process be decided carefully than quickly.”

Orange County Superior Court Presiding Judge Donald E. Smallwood said he would rule on Markman’s request Wednesday. Lawyers for the coalition opposed the delay, arguing that Brea attorneys should have asked for the change during the case’s first date in court on May 7.

“Another judge will have to prepare for the case all over again,” said coalition attorney Michael Leifer.

Coalition members argue that the city does not have a comprehensive relocation plan as required by law, and should not begin relocation proceedings against anyone until it does.