BSRancher
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. Ovitt to seek Colonies talks
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