Diamond Bar : Officials Immune From Suit

A judge has ruled that City Council members Gary G. Miller and Phyllis Papen cannot be held individually liable in a lawsuit filed by developers who claim the two unsuccessfully pressured them for political favors before voting down a proposed subdivision.

In February, the developers, who operate as Diamond Bar Associates Inc. (DBA), sued the city, alleging that council members unjustly denied their application for a 57-home subdivision. In July, DBA amended that suit to individually name, and include specific allegations against, Miller and Papen. The suit alleges that the council members became dissatisfied with the project after DBA officials refused demands for favors, including campaign contributions for Papen.

Miller and Papen have denied DBA’s allegations. In response, they have alleged that DBA officials only added the specific allegations as a scare tactic--an attempt to get Miller and Papen to change their minds and approve the subdivision.

Orange County Superior Court Judge William F. Rylaarsdam ruled Nov. 24 that federal law holds that council members are immune from litigation challenging their decisions as legislators. He did not rule on whether the allegations against Miller and Papen might be valid.

DBA officials say they will continue to push their lawsuit, which is now aimed only at the city. The next hearing in the case is Tuesday in Orange County Superior Court.

Miller and Papen, as well as former council members serving at the time, have said the subdivision was rejected only because DBA officials never provided required studies showing that the slopes they planned to build on could support large luxury homes.