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KXO News Education Center Abattis Lawsuit to Stop All American Canal Lining Tossed Out
KXO News Education Center Abattis Lawsuit to Stop All American Canal Lining Tossed Out Todays is : Thursday, 08 January 2009
| Abattis Lawsuit to Stop All American Canal Lining Tossed Out |
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| Written by George Gale | |
| Thursday, 31 August 2006 | |
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(IT IS ONE LEGAL OBSTACLE FACING THE ALL AMERICAN CANAL PROJECT DOWN AND ONE TO GO)…. THAT IS THE CURRENT SCORE CARD, BUT THAT COULD CHANGE. A LAWSUIT FILED BY RECENTLY ELECTED IMPERIAL IRRIGATION DISTRICT DIRECTOR MIKE ABATTI AND HIS BROTHER JIM, TO STOP THE CONCRETE LINING OF THE ALL AMERICAN CANAL HAS BEEN TOSSED OUT.
SUPERIOR COURT JUDGE PETER T. BUSCH THIS WEEK RULED THE STATE DID NOT HAVE JURISDICTION OVER THE MATTER. HE SAID IN HIS RULING THAT THE LINING PROJECT IS A FEDERAL GOVERNMENT PROJECT AND THE STATE CANNOT HEAR A LAWSUIT AGAINST THE FEDERAL GOVERNMENT, UNLESS THE FEDERAL GOVERNMENT ALLOWS IT. THE JUDGE ALSO DISMISSED THE SUIT ON GROUNDS OF TIMELINESS. HE SAID THE SUIT WAS NOT WITHIN THE TIME LIMITS TO CONTEST THE AIR QUALITY ISSUE OF THE CONSTRUCTION REPORT ON THE PROJECT. THE ABATTI’S HAVE 60 DAYS FROM THE DECISION TO FILE AN APPEAL ON THE DISMISSAL. ANOTHER OPTION IS TO FILE IN FEDERAL COURT. THE RECENTLY ELECTED BOARD MEMBER HAS NOT SAID IF HE PLANS TO PURSUE THE LEGAL ACTION. ABATTI HAS COME UNDER FIRE FROM MANY, WHO CLAIM THE LEGAL ACTIONS WOULD STIFFLE HIS ABILITY TO SERVE AS A DISTRICT DIRECTOR. THE 9TH CIRCUIT COURT OF APPEALS WILL BE HEARING ANOTHER CANAL LINING ISSUE. THE MEXICALI ECONOMIC DEVELOPMENT COMMISSION AND THE CITY OF CALEXICO HAVE APPEALED A FEDERAL JUDGES DECISION ON THEIR LAWSUIT AGAINST THE PROJECT. A PRELIMINARY INJUNCTION HAS BEEN GRANTED TO STOP THE PROJECT UNTIL THE APPEAL IS HEARD IN DECEMBER. |
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