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The county settled its flood-control dispute with the Colonies after four years of legal feuding over whether the county had the right to divert storm waters onto the Colonies' commercial and residential development. In letters to the board, the group's attorney, C. Robert Ferguson, has said the settlement was \"ill advised\" and indefensible because its terms were not announced to the public in advance.Ferguson said the county's suit to validate the bonds could be resolved in two ways.

The county settled its flood-control dispute with the Colonies after four years of legal feuding over whether the county had the right to divert storm waters onto the Colonies' commercial and residential development. The case was heard by three courts, with the most recent judge, San Bernardino Superior Court Judge Christopher J. Warner, tentatively ruling that the county had acted in bad faith and lost any rights to use the Colonies' land for flood-control purposes.

The project amounts to a ploy to rob west Riverside horse owners of their property and replace it with high-density housing, said attorney C. Robert Ferguson, who filed a lawsuit Thursday in Riverside Superior Court. The 30-page suit was filed on behalf of former Riverside mayor Terry Frizzel, Mary Humboldt, who is the wife of county supervisor Bob Buster, Yolanda Garland, Jean Heinl, and a group of unnamed horse owners and rural residents. Massive redevelopment projects like La Sierra/Arlanza do cause concern for horse owners, Norco Mayor Frank Hall said.

The dispute began in 2002, when the Colonies sued the county over flood-control rights on its Upland land, part of which has been used to build a housing development and shopping center. The developer claimed the county violated its rights by building a massive outlet for floodwaters on its property - but not the 67-acre retention basin needed to contain a deluge. At its Nov. 28 meeting, the board was slated to consider a settlement that would have given the Colonies surplus county land. Instead, it announced that it had approved the cash deal over the objections of supervisors Josie Gonzales and Dennis Hansberger. Getting a court to force the county to rescind the settlement based on an open-meeting violation would be an uphill battle, said Terry Francke, Californians Aware's general counsel. A clause in the Brown Act states that, even if a violation of the law took place, a court cannot rescind a legislative body's actions if it would hurt a third party such as the Colonies.

[C. Robert Ferguson]'s letter was received only days before the Board of Supervisors is slated to take steps toward a bond that would provide $80million to pay off the remaining debt to the Colonies and another $22million to replenish the flood-control agency's emergency reserves. The bond comes before the board at its meeting Tuesday. At its Nov. 28 meeting, the board was slated to consider a settlement that would have given the Colonies surplus county land. Instead, it announced that it had approved the cash deal over the objections of supervisors Josie Gonzales and Dennis Hansberger. Getting a court to force the county to rescind the settlement based on an open-meeting violation would be an uphill battle, said Terry Francke, Californians Aware's general counsel. A clause in the Brown Act states that even if a violation of the law took place, a court cannot rescind a legislative body's actions if it would hurt a third party such as the Colonies.

Mar. 15--HESPERIA -- An appeal in a lawsuit filed by an anti- casino citizens' group will be heard Friday in San Diego at the 4th District Court of Appeals.While the Timbisha Shoshone casino, proposed for a site in Hesperia, remained out of the news for much of the past year, Hesperia Citizens for Responsible Development v.

[Tom Schwab] said he has had discussions with [Ali Yasin] regarding a possible land swap, allowing him to move to a nearby parcel owned by the agency in exchange for the city getting his property at Barton and Michigan. Yasin also would be offered cash compensation as part of the deal, Schwab said. Yasin could not be reached for comment. Two weeks ago, [Jo Stringfield] submitted her own shopping-center plan, similar to [Dennis D. Jacobsen]'s, that includes a Lowe's. Instead of a grocery store, she is proposing an office-supply store, a Best Buy and a pet store, Schwab said. [C. Robert Ferguson] refused to say whether Stringfield would accept the city's $760,000 offer. Schwab said she rejected a $1,010,000 offer from Jacobsen last year. Ferguson would not say whether Jacobsen had made such an offer.