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Clock - and tab -- is running on city's Beachwood appeal

By Lewis Rutherfurd [ lewis@hmbreview.com ]
Published/Last Modified on Thursday, Dec 27, 2007 - 08:33:49 pm PST

The city of Half Moon Bay's new appellate law firm is poised to file crucial motions in the multi-million dollar Beachwood condemnation case. U.S. District Judge Vaughn Walker filed the final judgment in the case on Dec. 19, starting the clock for the city's response.

His filing included a decision to award pre-trial interest to developer Charles Keenan, which adds about $1 million to the almost $37 million judgment, said John Knox, a partner in the San Francisco firm Orrick Herrington & Sutcliffe and the point man for the city's appeal. A larger filing for attorneys fees in the case is expected shortly, Knox added.

The deadline for post-trial motions from the city is 10 court business days from Walker's filing and will fall on Jan. 4, said Knox. The filings are key precursors to a formal appeal.

The city will submit arguments to Walker, which could include calls to re-examine scientific evidence included in the record, and Keenan's lawyers from the Los Angeles firm Manatt, Phelps & Phillips will file their response. Walker will then rule on the arguments and file his decisions, said Knox. His ruling on the motions will start the 30-day window for formal appeal.

Knox said that post-trial motions were drafted, under review and would be filed before the Jan. 4 deadline. He declined Thursday to comment on specific arguments.

On Dec. 21, Walker filed an order to terminate several motions in the case, according to federal court staff. These actions were not new developments but rather housecleaning measures, said Half Moon Bay City Attorney Adam Lindgren.

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