Decision upholds tentative ruling from earlier in the week; one defendant remains in the case
The taxpayer lawsuit filed to try to stop the city from paying more than $90 million for a downtown office tower that cannot be safely occupied was all but dismissed Friday.
“They are paying an illegal debt,” Gordon lawyer Michael Aguirre said to Wohlfeil. “I know it’s inconvenient to ask your honor to deny their motion, but it’s the right thing to do.” The City Council approved the settlement in July against the recommendation of City Attorney Mara Elliott, saying it was better to pay off the lease-to-own contracts than risk losing separate lawsuits filed by the city.
At the hearing Friday, lawyers for the city argued that San Diego should be released from the Gordon case because the lease at the heart of the lawsuit was terminated after the settlement was approved. According to the complaint, the deal should have been put before voters because it indebted the city for two decades.
In fact, most of the building’s infrastructure was decades old and needed major repairs or replacing. Meanwhile, renovation work begun by the city exposed asbestos throughout the property.
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