News Blog
Judge Overrules Marina Coast in Desal Case
August 26, 2011
Marina Coast Water District made another attempt to get a case against them thrown out—and again, a judge ruled that the case would proceed.
On Friday, Monterey County Superior Court Judge Lydia Villarreal overruled Marina Coast's motion for summary judgement and summary adjudication in a lawsuit filed last April by the Ag Land Trust. Marina Coast argued in court documents, backed by a filing with 215 facts that Villarreal said weren't substantial enough to stop the case from proceeding, that Ag Land Trust's suit against them baseless. Among those "facts:" that its authority was preempted by the California Public Utilities Commission (the PUC oversees only utilities like Cal Am, not public agencies). Marina Coast also argued there is "no actual controversy" over water rights.
Marina Coast previously tried to get the suit thrown out; they first tried to get the case dismissed last summer, appealed, and in May, the California Supreme Court ruled that the case would proceed.
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