Chubb confident court ruling wont affect business as usual
HILLSBORO — A federal judge in Hillsborough Thursday dismissed claims by Hillside residents that the city has no right to sell their homes to pay its debts, saying the state cannot stop the city from doing so.
U.S. District Judge John J. Zuercher said that the residents of Hillsborough, a former industrial powerhouse where so바카라사이트me of the city’s former factory jobs were created, have standing to pursue that right.
He also said they can file a challenge on the city to what he called “the most extreme” of its actions, namely a $150,000 cash infusion from the state, the closing of a major commercial center that includes two restaurants and a grocery store and a plan to close a public pool.
Zuercher’s ruling came in a case involving Hillside resident Bill Hulke, who owns two parcels that are estimated to cost more than $25 million to add to their commercial zoning area.
The city would use eminent domain to force Hulke to sell the properties and take ownership of them — a plan that is prohibited by state law. The residents’ lawsuit is aimed at holding the city accountable for that process.
“You’re getting out-vigged,” Zuercher told Hillside’s city council members Thursday morning during a closed-door meeting that was livestreamed live on YouTube. “The government could seize homes in that manner that you might not take a bank or a bank in a credit union and turn them into a bank. They’ve seized private homes; I’m sure they’ve taken homes in banks.”
He also said that, while the county’s lawsuit that claims Hills바카라사이트ide has no rights under state law because it has not paid its federal debts has its merits, “it is hard to conclude that Hillsborough lacks standing.”
The U.S. District Court for the Southern District of Florida in San Francisco denied the city’s request for a preliminary injunction in January 2011, saying that Hillside has standing.
Zuercher’s ruling Thursday means that the Hillsborough Court of Appeals could issue a decision in favor of the citizens within three weeks.
The City Council voted 5-2 Monday night to support the Hillside residents’ lawsuit and to hold the city responsible.
City Attorney Tim Rother said the council “will follow the court’s ruling and uphold residents’ right to pursue their claims.”
Mayor Mike Cusick and 바카라Hillside’s mayor, Steve Dank