Appellate Court in Water Trial Issues Tentative Decision in Favor of the Town

Appellate Court in Water Trial Issues Tentative Decision in Favor of the Town

Apple Valley, CA - September 12th, 2024 - The State of California Fourth District Court of Appeals has issued a tentative decision in the case of the Town of Apple Valley versus Apple Valley Ranchos Water (Liberty Utilities). A three-judge panel in the California Court of Appeals issued a tentative opinion reversing the trial court's decision against the Town and reversing the award of attorney's fees in favor of Liberty.
"We are encouraged by the appellate court's tentative decision, which acknowledges the errors made by the trial court," said Doug Robertson, Town Manager.
The tentative decision finds that the trial court erred in three principal legal standards that, when taken together, the court of appeals believes, "it is reasonably probable that TAV [Town of Apple Valley] would have obtained a better result had the errors not occurred." The draft ruling proposes to remand the case back to the trial court, allowing for discretion to determine whether to (1) permit the Town to take ownership of the water system, (2) remand the issue for further administrative proceedings, or (3) hold a new trial applying the correct legal standards.
While this decision is not final, it marks a hopeful development for the residents of Apple Valley who have supported the Town's efforts to acquire the water company. The Town Council will convene to discuss potential actions following the court's issuance of a final decision, which will only occur after each side is given time to prepare and present final arguments.

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