Lawsuit source documents

Judge Earl Maas lll issued his judgment. 1/2/22. Judgment “entered in favor of Intervenor Preserve Proposition A, and against Plaintiff City of Encinitas and Defendant California Department of Housing and Community Development” (HCD).

Judge Earl Maas lll denies the council’s suit to eliminate Prop A. 8/24/21. “The requested declaratory and injunctive relief is denied.” The judge in his denial acknowledged the city’s initial lawsuit against its own residents with this statement: “…nor is there any provision for a jurisdiction to sue either private citizens or to invalidate a voter initiative.”

June 3 Court Hearing – Transcript – 6/3/21. Judge: What has been done, “other than proceeding with this lawsuit, to try and get a passable, both before the State as well as the Prop A people, plan in place? Go ahead.”

CITY’S FILINGS:

Original suit filed against residents – “100 DOES,” with actual names to be added later by the city.

City’s request to dismiss the lawsuit against residents.

Amended lawsuit that names HCD (department of Housing and Community Development) as defendant.

Encinitas’ Opening Brief

Jace Schwarm’s Statement

PRESERVE PROP A FILINGS:

Opposition to HCD Trial Brief: Make no mistake – this case is about power.

Encinitas Planning Commission Chair Bruce Ehlers declaration in defense of Prop A.

HCD’S FILINGS

California Department of Housing and Community Development’s Brief in Response to Opening Brief of City of Encinitas

Request for Judicial Notice In Support of Response Brief of Defendant California Department of Housing and Community Development

Declaration of Robin Huntley In Support of Response Brief of California Department of Housing and Community Development