Pardee Homes received another 30 day extension because Pardee Homes’ Lawyer, Michael Tidus from the Law Office of Jackson Tidus faxed a few hours before the Meeting. The Board agreed to Continue Item 6. for 30 days to give the time to review the document submitted.
Tidus states the following reasons Pardee Homes should be able to continuing receiving Will-Serve Letters:
“The Conditions impose requirements for Pardee to obtain recycled and imported water supplies that Pardee is unable to satisfy, effecting a moratorium on Pardee water hookups without proceeding in the manner required by Water Code Section 350, et seq,. and inconsistent with Section 2(b) of District Resolution No. 2014-05.”
“Pardee already annexed into the District’s service area, constructed infrastructure and paid for the District to develop or obtain additional water supplies, all in reliance on the District’s previous will serve decisions for the Project. Barring a water shortage emergency, the District is estopped from denying water service to the Project.”
“There are no findings or evidence in record demonstrating any need for the Conditions, therefore the Conditions amount to arbitrary and capricious decision making.”
“There is no nexus between the Conditions and the Sundance Development’s water supply impacts; therefore, the Conditions expose the District to liability for the unconstitutional taking of Pardee’s property.”
“The Conditions are inconsistent with the District’s 2013 Urban Water Management Plan.”
“Approving the water supply expansion program required by the Conditions would violate the California Environmental Quality Act (CEQA).”