Saturday, May 20, 2006

Ovitt to Seek Colonies Talks...( San Berdo SUN May 20, 06) Gary Ovitt's wants to re-ignite settlement talks next week over Flood Control UPLAND

This has been going on for a long time, with no resolution and they need to come to some understanding that maybe they cannot build on all the land they need to have flood control or the home owners will come back on the Engineers. We know what happens to the home builders they change their name and go on, with no worries of being sued because of the name change. Unless the Civil Law has changed in regards to this..

BSRancher

Ovitt to seek Colonies talks
Edward Barrera, Staff Writer

The Colonies controversy
Cash settlement eyed in Colonies dispute - March 7, 2006
County, Colonies go back to table today - Feb. 3, 2006
Colonies, SB County to talk accord - Jan. 26, 2006
Consolidation of suits sought - Dec. 8, 2005
Colonies lawsuit talks to resume - Nov. 2, 2005
County accused of riding fence in Colonies project lawsuits - Aug. 9, 2005
Suit foes see win in Colonies ruling - Aug. 3, 2005
Colonies decision overturned - July 30, 2005
Supervisor Gary Ovitt wants the county to re-ignite settlement talks next week with the developers of the Colonies project.

San Bernardino County and the Colonies Partners LP are battling in San Bernardino Superior Court over 67 acres used for flood control on the developers' property in northeast Upland.

"I have always believed that we should pursue litigation and settlement talks at the same time," Ovitt, who represents the county's 4th District, said Friday. "With the hiatus next week, I would love to see it start, and Monday I will initiate calls and see what I can do."

Settlement talks had ended nearly two weeks before the start of the trial April 24, and no more have been scheduled.

But Ovitt said that if an equitable solution could be obtained so that it protects county taxpayers, the county should explore a settlement. He added that the supervisors should heed Superior Court Judge Christopher Warner's suggestion.

The judge, who is presiding over the trial, last week urged both sides to renew settlement talks.

"We have always been open to settlement negotiations and will always be open to settlement negotiations," said Jeff Burum, Colonies co-managing partner, on Friday. "If they call us, we will make ourselves available."

Other supervisors could not be reached for comment.

The trial will be off next week and is scheduled to start again May 30.

A potential deal was hammered out last year that was worth about $77 million, including a land-for-cash swap. That deal was never approved by the Board of Supervisors.

The Colonies developers say a related lawsuit could cost the county upward of $200 million, a contention the county disputes as arbitrary and unsubstantiated.

Thursday, two union leaders from the San Bernardino County Safety Employees Benefit Association attended the trial.

President Bill Abernathie and the chief of administration, Jim Erwin, said the county should settle because the court proceedings didn't appear to be going in the county's favor.

The association received $155,000 in campaign contributions from the Colonies and was a heavy backer of Ovitt, but Abernathie and Erwin said they were concerned their members may be hurt because of a financial loss in the litigation.

A county spokesman refuted the union's contention Thursday, saying the county's lawyers were effectively representing it.

Friday, Ovitt said that no one was pressuring him into asking for renewed talks. He said it was better to keep the dialogue going rather than closing the door until it's too late.

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