OJAI : Appeals Court Rules Against Developer
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Ojai city officials hailed what they hope is a final victory in a seven-year legal struggle over a developer’s right to build a large shopping center.
An appeals court upheld Ventura County Superior Court Judge Jerome Berenson’s 1988 ruling on behalf of Ojai, following a trial in which more than 300 cities and counties filed briefs on Ojai’s behalf.
Howard Palmer of Anaheim, a partner in Ojai Investments, is reviewing his options to petition the state Supreme Court within 40 days to hear his case, said his attorney, John McConica of Ventura.
Palmer filed suit against Ojai in 1983 when he claimed the city took longer than a year to review his project application. He lost in 1984, won on appeal in 1986 and lost again two years ago.
Ojai City Atty. Monte Widders and City Councilman Jim Loebl said they are confident the city will win, if Palmer appeals.
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