Scott: You've asked for more input on the question of the City's possible legal liability for the Sunroad mess. Your "consultant," may not have known of Sunroad sending the FAA two documents in June, 2006, saying it would comply with the FAA's requirements and keep the building below 160 feet. Sunroad officials and attorneys also told City officials and others the same thing. That's how it got off the radar screen until it finished its building and said, "voila!, 'tis done." Why is this important? Because your writer speaks of estoppel, which is an equitable doctrine in law, and one seeking estoppel must have what we call "clean hands." "Unclean hands," block estoppel, and I believe Sunroad clearly has unclean hands as a result of the June, 2006, shenanigans I just mentioned. Without estoppel, the doctrine of governmental immunity from suit and liability for erroneous ministerial

Posted by sdlawyer | reply to this comment
June 22, 2007 2:20 am

Dear sdlawyer, I think that is what the unnamed consultant said; that Sunroad would likely not recover because it knew the permits were issued in error. In other words Sunroad did not have what you call "clean hands." It seems to me that the two of you are in agreement as to the law (although you may have more knowledge of the applicable facts).

Posted by Publius | reply to this comment
June 22, 2007 4:46 am

We are not attorneys. A solution for the neighborhood problem is to use the safe elevation of 70 feet in Zone D as the height limit for the New Century Center Master Plan – Sunroad Enterprises project. Currently the height limit is 45 feet and the maximum Floor-Area-Ratio is 0.50 in the Municipal Code, Master Plan, and EIR. As a way to promote affordable housing you can give them 25 extra feet in height as an incentive to build affordable housing (45' + 25' = 70'). The pilots of Montgomery Field would have to agree that a 70 foot height limit is appropriate for Zone D. Of course, Sunroad would have to prepare and pay for an Environmental Impact Report (EIR) for the large change in scope and density. All CEQA issues would have to be reanalyzed to mitigate negative effect. Then only the SDG&E Substation needs to move.

Posted by Katheryn Rhodes and Conrad Har | reply to this comment
June 22, 2007 1:22 pm

The only way we will know with 100% certainty that the city will be successful in court against Sunroad is if Mike Aguirre comes out and says that the city won't be successful. Given his track record in court (no, he had nothing to do with De La Fuente), the last thing you want is to have him agreeing with you. So let's hope, for the sake of us taxpayers, that Aguirre publicly predicts a loss for the city. Only then can we rest. Unless, of course, he is also representing the city, in which case the city would surely lose. It's probably a good thing he's put himself in conflict again, so he won't be permitted to represent the city. Bring on the AG.

Posted by Ron | reply to this comment
June 22, 2007 1:28 pm

RW with another one of his stupid comments, baseless comments about Mike and our City. I really wish the guy would just leave San Diego, all he does is complain.

Posted by Billy! | reply to this comment
June 22, 2007 9:42 pm

Thank you Katheryn Rhodes and Conrad Hartsell, M.D. I do not know you but read your comments, suggestions and assessments. No doubt in my mind that Mayor Sanders should be knocking on your door and begging you to replace Escobar-Eck. Your knowledge and sense of balance are what this city needs. Ok Mayor, time to change the staff at development services!!!!

Posted by Norman | reply to this comment
June 22, 2007 10:11 pm

What a thoughtful legal opinion Billy. All these bright attorneys weighing in on the question at hand and this is what you offer? You seem to have opinions on everything else. Why not on the law? You say you are an attorney with massive amounts of education. I call bull....

Posted by Kate | reply to this comment
June 24, 2007 5:58 am

Hey Henderson, I am either RW or Ron Weiss. Anyone else printing and using either my initials or my first name, is someone else. Though what Ron Said is quite true, I won't accept the credit. As far as me leaving San Diego, Well Henderson, LOL, I am staying for a while just to point out your discrepancies and fabrications you continuously print on the Voice.

Posted by RW | reply to this comment
June 24, 2007 9:02 am

I think Sanders should offset his government pension for being so ignorant on this issue and then trying to cover it up only to have it fester like a boil and being exposed by his own City Attorney. What a tangle web we weave when first we try to deceive. Sanders is caught up in a web of his own making; he should resign immediately and crawl back into his Kensington lair - it can now be called the Liar lair.

Posted by The Roaming Gnome | reply to this comment
June 24, 2007 5:25 pm

Of course they are on the hook! I was involved in the scheme. I corroborated with the city to get them their permits.

Posted by Billy Bob Henry II | reply to this comment
June 24, 2007 10:17 pm

Scott-- It appears that Mayor Sanders forgot to enroll in his own ethics training program. Instead of worrying about ditch diggers, trash guys and street repair people, etc., the Mayor should worry more about his own involvement in the Sunroad debacle, as it appears to be a number of ethics violations at the highest level. For a man who was so concerend about the appearance of impropriety by City staffers at low and mid levels upon first assuming office, the Mayor neglected to be concerned about the appearance of bad ethics at HIS level. What is it about 202 C Street, that makes those in it do bad things, and usually at the expense of the taxpayer.

Posted by City Watcher | reply to this comment
June 24, 2007 10:22 pm

What cracks me up is that Sanders takes such great offense at the term "corrupt", even going so far as claiming that he doesn't use the term, and yet he started his administration calling the previous adminstration corrupt. Hey Jerry, you really need to work on your memory. Maybe some Ginko Biloba would help.

Posted by Ray | reply to this comment
June 25, 2007 12:31 am

What he meant is that he doesn't use the term when referring to himself. :)

Posted by Bud | reply to this comment
June 25, 2007 3:19 am

I am so sick and tired of the people in this city continuing to crucify Mike Aguirre. He is our attorney; not Jerry Sanders attorney and the same people full of greed manipulating to keep Atty. Aguirre from doing his job for us. Sanders knew he was wrong and lied about Sunroad, which has been the way he has operated since taking office; if not, then we have to be ashamed for voting in another crook. Mike aquired a totally disfunctional city taken over by crooks for decades; people filled with greed and cared nothing of the damage they were doing to our city and its people. Have you considered how tough our city attorneys job is with all of the crooks blocking every avenue, doing everything to impede him from doing his job. The last thing is taking away his people which again impedes work. you'd scream also.

Posted by Francene | reply to this comment
June 26, 2007 8:15 am

Right on Francene! Keeping it real. Mike is the only honest and competent official in San DIego

Posted by Billy! Bob! Henry! | reply to this comment
June 26, 2007 11:32 pm

We desperately need someone (a journalist?) to identify the trail of decisions wrought by Escobar-Eck over the years. Granted, these decisions were always blessed by a pliant City Council. But then, that same Council blessed a number of questionable decisions (e.g., city pensions). In the Sunroad case, we have the Mayor unfortunately appointing the once-gone Escobar-Eck to decide on developments. Now, we can watch for the Mayor's recent appointments to the Balboa Park Committee to do their thing. Disneyland anyone?

Posted by josil | reply to this comment
July 3, 2007 3:37 am

Yes, we need a real investigative reporter to look into Escobar-Ecke.....all the way to NTC and beyond. The current 'downtown ploy' is J.Moores whining & dining all the business/building owners downtown to get them to support a 'zone change' for his property near the ballpark. Is this part of the 'Transit Center' that will move the terminals to PCH (General Dynamics) to simply open up the Coast for High Rise Timeshares & Condos, lining up against the side of the airport? To block even more of the 'bay views' of all those existing expensive units just built? All the while running our City, we have head Staff, unchecked, in Control of how the money 'deals' in San Diego. 'Sucky Deals'for the people, 'Sly Deception' for Staff members. Maybe look into how many 'facelifts' or 'boob jobs' have been done down at DSD?

Posted by Wide Awake | reply to this comment
August 22, 2007 1:29 am

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