Right or wrong? Does it matter if you can get away with anything?
There is a lot of confusion on whether Measure W had an effect on the development approvals or not. The answer is a resounding yes. Let’s address that that in detail in a separate post. Our attorney, Shute, Mihaly & Weinberger is one of the best land use attorneys in the country. They stand behind that. The City’s attorney says no and he has lots of excuses why. Do you remember this infamous question … well it depends on what you mean by the word “is”? That’s what city’s attorney’s arguments boil down to. And look, even one of the council members acknowledged that Measure W and the “poison pill” provisions should have taken effect on the development approvals.
You can argue whatever you want. Bottom line is what can you get away with. And the City Council thinks they can get away with ignoring our votes because even if someone sues them, Chevron is picking up the tab. Yup, look on page 40 of Exhibit A of the Conditions of Approval of VTTM No. 17609, item 20. “The Property Owner shall … defend …the City … and City officials … from and against any third-party claim … seeking to attack, set aside, void or nullify the approval of the VTTM …”
The Council is calling anyone’s bluff but they are using Chevron’s chips. So you see it’s not about really about what is right or wrong by the voters. It’s about what they can get away with.