The Application (ROA # 149, 159) of Defendant San Diego Association of Governments ("Defendant" or "SANDAG") for a preliminary injunction should not issue against Plaintiffs Anna Avenue Associates, LLC ("Anna Ave.") and John Smith Earthworks, Inc. ("John Smith") (collectively "Plaintiffs") prohibiting them from pumping contaminated water collected on their property into the right-of-way owned by Metropolitan Transit Systems ("MTS") and currently maintained by SANDAG, is GRANTED. During the pendency of this action, Plaintiffs are prohibited from pumping water collected on their property into the right-of way owned by the Metropolitan Transit Systems, as currently maintained by SANDAG.
Plaintiffs' Request (ROA # 171) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court GRANTS the judicial notice in its entirety except as noted. The Court takes judicial notice of the date on which the Linda Vista Community Planning Committee met (Exh. "9"), the date on which the San Diego
Hearing Date
January 09, 2019
Category
Civil - Unlimited
Type
Eminent domain/Inverse condemnation
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The Application (ROA # 149, 159) of Defendant San Diego Association of Governments ("Defendant" or "SANDAG") for a preliminary injunction should not issue against Plaintiffs Anna Avenue Associates, LLC ("Anna Ave.") and John Smith Earthworks, Inc. ("John Smith") (collectively "Plaintiffs") prohibiting them from pumping contaminated water collected on their property into the right-of-way owned by Metropolitan Transit Systems ("MTS") and currently maintained by SANDAG, is GRANTED. During the pendency of this action, Plaintiffs are prohibited from pumping water collected on their property into the right-of way owned by the Metropolitan Transit Systems, as currently maintained by SANDAG.
Plaintiffs' Request (ROA # 171) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court GRANTS the judicial notice in its entirety except as noted. The Court takes judicial notice of the date on which the Linda Vista Community Planning Committee met (Exh. "9"), the date on which the San Diego