ALPINE’S CASE AGAINST GROSSMONT REVIVED: JUDGE PRESSMAN RESCINDS DISMISSAL OF CASE
East County News Service
November 4, 2015 (Alpine)—Superior Court Joel Pressman today announced he will vacate his dismissal of a case filed by the Alpine Union School District and Alpine Taxpayers for Bond Accountability and set a status conference with counsel November 6th.
The move comes on the heels of an appellate court ruling yesterday which found the Grossmont Union High School District violated its promise to build an Alpine High School and affirmed Pressman’s earlier order for the Grossmont district to set aside $42 million bond money sufficient to build the school, pending full adjudication of the claim’s merits at trial, as ECM reported.
Judge Pressman issued the following statement today, though his court reporter:
In light of the Fourth District Court of Appeal’s Decision on Appeal of the Preliminary Injunction, on its own motion, the Court vacates the dismissal entered on October 30, 2015 and will set a hearing to reconsider its ruling on Grossmont’s Summary Judgment. The Court will also reconsider Plaintiff Alpine Union School District and Alpine Taxpayers for Bond Accountability’s Motions for Summary Adjudication. Counsel are to appear on November 6, 2015 at 1:45 pm. for a Status Conference to set a further briefing schedule.
Ralf Swenson, Superintendent of the GUHSD, issued this statement on what he referred to as a “roller-coaster ride” on the series of rulings: “We remain optimistic that after further consideration of the evidence, the Court will come to the same conclusion as issued in the final ruling, and ultimately dismiss this matter.”
Superintendent Swenson included a statement from the District’s attorney, which reads, “It is apparent that the trial court is proceeding carefully in light of the Court of Appeal decision. However, the Court of Appeal’s decision expressly contemplates that the trial court was and is entitled to consider additional evidence in considering the issues and it did so. To say it most succinctly, the Court of Appeal affirmed the preliminary injunction. It has left it to the trial court to decide the case on a full consideration of the evidence.”
Ian Friedman, attorney for Alpine Union School District, told East County Magazine, “The Alpine District is encouraged by the trial court’s recent reversal in light of the 4th appellate district court’s determination the language of propositions H and U contain a promise by Grossmont to construct a new high school in Alpine. We intend to continue all efforts to see these promises fulfilled with the construction of a new high school in Alpine.”