Politics & Government

Update: Tartre vs. City of Poway Hearing Postponed Until March

The Friday hearing has been postponed until March 4.

Editor's Note: The Friday hearing has been postponed until March 4. The decision to postpone was posted on the Superior Court of California's website on Thursday evening.

A contentious legal battle pitting two Powegians against the city takes another step forward on Friday—at least when it comes to half of it.

What started four years ago with the needed removal of some trees on Avenida La Valencia has evolved into two heated and different battles with the same parties—and no end in sight.

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On Friday, San Diego Superior Court Judge Lisa A. Foster will hold a bench hearing for the city of Poway and residents Lee Tartre and Dianne Armstrong as to whether fences constructed on Tartre and Armstrong's properties should be removed.

The city argues that the fences, built in June 2007 after trees were cut down by city-contracted employees in January 2007, is built on a flood area, thus needing a permit to pay for a study. Tartre and Armstrong contend otherwise.

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But this is just one ongoing battle the property owners have with the city.

Tartre and Armstrong's fight with Poway dates back to January 2007 when the city was forced to cut down trees near Avenida La Valencia to make way for pipelines. The city contracted with West Coast Arborist to cut down 25 trees across nine properties—not including Tartre's. Instead, the workers removed 24 trees on Tartre's property and 18 on Armstrong's.

After attempting to resolve the issue for more than a year, Tartre and Armstrong filed a lawsuit. So began three years of battles between the two parties that led to an October 2009 ruling that the property owners' civil rights had been violated and that attorneys fees and legal costs would be reimbursed. The city immediately filed an appeal. (See the timelines below.)

"It has definitely been an emotional rollercoaster," Tartre said. "We're really excited about Friday and look forward to our day in court. But we're frustrated that the appeal on the other part [the trees] may not be resolved until 2012 or even later."

Despite the ongoing battles, the Friday hearing is focused on the fences and whether it needs to be removed.

City Manager Penny Riley said the city could not comment on the case until it is settled.

On Wednesday, Poway Patch asked the city for the cost of the case but, because of its complexities, a spokesperson for the city said that the numbers would not be available for another week. According to the San Diego Union-Tribune, the city spent $30,000 in legal fees as of September 2010 and could spend up to $1 million when the case is finally settled.

Timeline Regarding Fences/FEMA Flood Plains Debate:

  • June 2007: Tartre and Armstrong construct fences on their properties.
  • July 2007: City issues notice asking Tartre and Armstrong to immediately remove fences arguing that their construction interferes with FEMA flood plains. An engineering study, which could cost tens of thousands of dollars, could prove otherwise.
  • January 2008: Tartre and Armstrong ask the City Council to appeal the decision and are unanimously denied.
  • April 2008: Tartre and Armstrong file a writ against the city of Poway.
  • March 2009: Superior Court rules that Tartre and Armstrong have not made a clear effort to remedy the situation with the city directly.
  • May 2009: Tartre and Armstrong appeal the decision.
  • May 2010: Appellate court grants Tartre and Armstrong a hearing.
  • June 2010: Appellate court rules that the city is responsible for the engineering study estimated at tens of thousands of dollars.
  • Now: Friday's hearing will decide whether the fences interfere with a FEMA-mapped flood plain or not.

Timeline Regarding Civil Rights Violations Debate:

  • January 2007: The city of Poway contracts with West Coast Arborist to cut down trees near Avenida La Valencia to clear way for sewer pipelines. Twenty-five trees on nine properties are meant to be cut, including six on Armstrong's property. Instead 24 trees are removed from Tartre's property and 18 on Armstrong's.
  • January 2008: After failed reconciliation between the two parties, Tartre and Armstrong sue the city of Poway.
  • December 2008: City of Poway files a cross-complaint against Tartre and Armstrong.
  • June 2009: San Diego Superior Court awards Tartre $145,000 and Armstrong $84,000 in damages (reduced by 20 percent by the jury). 
  • July 2009: Bench trial on the city's cross-complaint regarding Tartre's tennis court and storage shed and the Armstrong's horse coral and shrubs.
  • September, 2009: Tartre and Armstrong file post trial motions.
  • October 2009: Post trial motions hearing takes place and the judge rules in favor of Tartre and Armstrong, agreeing that their civil rights were violated and that attorney fees and legal costs would be reimbursed.
  • December 2009: It's decided that $472,000 in attorney fees and legal costs will be reimbursed to Tartre and Armstrong.
  • December 2009: City immediately files an appeal of the October 2009 ruling.
  • Now: City's opening brief is now due on Feb. 15, 2011; Tartre and Armstrong's response brief is due 90 days after the city files.

Follow Poway Patch for more updates on the story as we follow the case.


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