Carmel Valley incorporation advocates lose another one to LAFCO.

The group that wants to incorporate Carmel Valley had an unlucky day in court on Friday, July 13.

The pro-incorporation Carmel Valley Forum (CVF) had asked a Superior Court judge to dismiss a claim by the Local Agency Formation Commission (LAFCO), which says the citizens’ group owes the agency more than $135,000.

Judge Robert O’Farrell denied CVF’s motion.

Attorneys for CVF argued that LAFCO’s complaint constituted a SLAPP suit (a Strategic Lawsuit Against Public Participation). SLAPP suits are seen as retaliatory actions designed to punish political activism. California is one of 35 states that have anti-SLAPP-suit statutes or bills on the books to protect citizens’ rights to petition the government.

“CVF filed an action,” CVF argued, “LAFCO’s response was to file its cross-complaint, seeking an unreasonable, unsubstantiated, illegal and inflated monetary award from CVF, a nonprofit citizens group.”

In March, CVF filed a complaint charging LAFCO with illegally stopping the incorporation process and blocking citizens’ right to vote on the issue – that lawsuit will be heard in October. LAFCO immediately filed a cross-complaint against CVF seeking nearly $137,622 from the nonprofit.