BSRancher
The two sides are battling over 67 acres used for flood control on the Colonies' 434-acre development in northeast Upland. Warner will decide the extent of San Bernardino County's property rights on the Colonies' land and whether a basin, built by the developers, is within those rights. Thursday, county lawyer Christina Coates was questioning Geoffrey Vanden Heuvel over funding requests made by the city of Upland for flood-control facilities on the Colonies property in 2002. Vanden Heuvel is a member of a flood advisory board that passes on recommendations to the Board of Supervisors for projects in the West End. But Warner publicly questioned the relevancy of the testimony, saying that this trial is not about money. Finally, the judge stopped Coates' inquiries and basically said he'd had enough. "I am growing weary" with pointless testimony, Warner said, later wondering "where the hell are we going with this witness and why is he here?" The judge said he understood that no matter how he rules, an appeal will be filed so everybody wants to put pertinent information for their cases into the record. But he admonished both sides to stay within the scope of the trial. A damages lawsuit filed by the Colonies is pending, and the county filed a lawsuit against other public entities and Upland in case it loses. Part of the frustration may be that the trial, which started April 24 and was only scheduled to last three to five days, is now expected to last through the middle of June. County lawyers said they have 35 people remaining on their witness list, but would "regroup" and pare down to a list of likely witnesses. In the afternoon, Warner appeared to have drawn the line on any testimony that he deemed not only irrelevant but that has already been put into evidence as another county lawyer, Jeff Rawitz, questioned Peter Pitassi, the project manager for the Colonies. At one point, the judge said, "We are spinning our wheels with this witness." Meanwhile, two surprising spectators, Bill Abernathie, president of the San Bernardino County Safety Employees Benefit Association, and the association's chief of administration, Jim Erwin, showed up in the courtroom Thursday. They said they wanted to see for themselves how the county's lawyers are doing. Both said the day's events only bolstered their view that the county is in trouble. "I think they really need to get out of this before they lose," Erwin said. Abernathie said the county should look into settling the case before it takes a huge financial hit. A hit, he said, that would take millions from county coffers and potentially sap funds for public safety. County spokesman David Wert defended the county lawyers, saying he believed they are effectively representing the county. "The notion that the Colonies is putting out there that the trial is going in their favor is inaccurate in the county's view," Wert said. A Colonies spokeswoman would not comment on Wert's statement. The trial will be on hiatus for a week before resuming May 30. Judge miffed by case lawyers
Calls testimony in trial pointless
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