The Newberry CSD last Tuesday voted to move forward on the filing
of a judicial appeal on the County Supervisor's approval of the Daggett Solar Power
The CSD has scheduled a Special Board Meeting this Monday at
6 P.M. at the Newberry CSD building to select an attorney.
3. Agenda Items- Discussion/Possible Action
a. Possible Attorney Selection/Hire for Appeal of
SB County Denial.
This meeting is critical. The agenda's "Possible Attorney
Selection" and "Possible Action" may be just an unfortunate use of the word "Possible"
or it might be a revelation.
An appeal needs to be filed by January 9, 2020, and a "possible"
attorney needs to be hired and given time to acquire the Administrative Record
from the County and write the Appellant's Opening Brief. If the Board
understood what is involved, they would have been wisely preparing long ago.
The CSD will need to allocate sufficient funding for
attorney fees, filing fees, and costs. Initially, this should be an
amount sufficient to cover the Opening Brief and a Reply Brief. Will
they do it?
Director Larry Clark at the September 24th and the
December 17th CSD meetings voted to support the community's filings.
He has voted for the judicial appeal. This was despite his earlier
long-held personal support for the solar project. He appears to have
placed his personal views aside to represent the majority of Newberry.
Director Paula Deel, to possibly avoid a conflict of interest,
recused herself from last Tuesday's vote. If Deel wanted to oppose the
solar facility and support the community, why did she remove herself and not vote
for a judicial appeal? She could possibly be a pro-solar vote
Director Vickie Paulsen was ill and missed last Tuesday's CSD
meeting. She worked hard on the appeal presentation given before the County
Supervisors. Paulsen will probably support the community by voting to appeal
the Supervisors decision. However, there is uncertainty. From her director's
seat, Paulsen has previously voiced acceptance of a part of the solar project based
upon some minor off-sets near the airport. In principle, Paulsen is an advocate
for compromise on matters.
President Robert Springer along with Jack Unger,
have been the only Board members to have specifically voiced outright opposition
to the solar project.
To organize a judicial appeal over the holidays
is difficult. Director Terri Rahhal of the county's Land Use Services recognized this
in her scheduling of the Supervisors' Hearing. As a county employee, she plays the
gamesmanship very well, but for the wrong side. She corruptly works against
those who pay her salary, the taxpayers.
The Monday night meeting should be a short one, but it is
very important. It is impossible to contain Mother Nature nor an upwind
lithium battery fire. Hopefully, the CSD Board will find a great CEQA
attorney to handle this critical issue for the community. Lives in our
community are at risk.
The County's Land Use Services and Supervisor Robert Lovingood
have certainly given us a rotten Christmas gift.