Persuasive Opinion

Published: Thursday, June 21, 2007 2:42 PM PDT

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I had a question in the midst of this flurry of news conferences that I got answered. You might be interested in it.

You'll remember two days ago, the mayor sent a letter to the city attorney lambasting his idea that the city issue Sunroad Enterprises a comprehensive stop-work order for its controversial tower.

This is a full stop-work order that would supposedly halt construction on the entire Sunroad project, not just the parts of it above 160 feet, which agencies have said makes it a hazard for planes landing at Montgomery Field. The mayor was not interested in doing this Tuesday.

Here is part of a memo he sent out that day to City Attorney Mike Aguirre:

We are a society of laws and when matters are brought before a court there is an obligation to respect the importance of that process. While I clearly support reducing the height of the building, I think that it's irresponsible of you, as our City Attorney, to recommend action to me that may very well put our taxpayers in jeopardy without first analyzing the various and very relevant legal and financial issues.

Given that your success in court is by no means a certainty, I would like you to analyze for me the financial liability the City may enjoin if I do as you propose and issue a Stop Work Order for the entire building.

So two days later, what does the mayor do? He orders a stop-work order for the entire building.

The Mayor's Office says Sanders received a legal opinion from Aguirre and the outside counsel Latham & Watkins that assuaged his concerns about Aguirre's recommendation.

I am relying on the City Attorney's advice that the City is on firm legal ground in directing that this stop work order be issued.

The mayor's spokesman, Fred Sainz, said we can't see it because it's attorney-client privilege.

-- SCOTT LEWIS