A legal complaint aiming to stop the Ford dealership from
breaking ground near Hwy 101 and East Dunne Avenue was back in
court Friday, Dec. 12, but no final decision was made.
A legal complaint aiming to stop the Ford dealership from breaking ground near Hwy 101 and East Dunne Avenue was back in court Friday, Dec. 12, but no final decision was made.
Filed by local attorney Bruce Tichinin for his client, Scott Lynch of the long-established Bob Lynch Ford in Gilroy, the complaint is directed toward the City Council, Planning Commission and some department heads for granting six variances – or exceptions – to the Planned Unit Development agreement that controls details land on Condit Road north of East Dunne Avenue.
Neighbors of the site complained to the City Council that the dealership would impair their quality of life with light, noise, air pollution and safety infringements. Lynch claims that there is not enough business for two Ford dealerships so close together; one would be sure to fail.
Tichinin has amended his complaint so council and commission members would be held responsible individually, not just the council and commission as governmental entities.
“We will be amending the complaint to name city officials individually as well as the subentities of city (City Council and Planning Commission),” Tichinin said. “We are only doing this because the city has forced us to do it.”
The city has claimed the individuals are immune from the complaint because only corporations are included under the Unfair Competition Law. The city is a municipal corporation, Tichinin said, and he claims individuals are, indeed, subject to the complaint.
City Attorney Helene Leichter said the judge ruled against Lynch’s claim that individuals are liable.
“The judge said, ‘No, they aren’t proper defendants,’ in terms of city entities,” Leichter said.
Tichinin and Lynch are not looking for monetary rewards from the city.
“We are not seeking wider relief,” he said. “We’ll make no request for damages. Instead, Tichinin said his client wants an increase in liability for the people who made the decisions that will eventually harm the Gilroy business.
“We’ve got them worried,” he said of the city.
Jim Rowe, planning manager in the Community Development Dept. (planning) said. Rowe said the plans are now in “second plan check“ and no permits have yet been pulled.
No date has yet been scheduled for a ground breaking. Tichinin said he and Lynch still plan to try to stop the groundbreaking.
