Alexander Ct-CS081219
(2/22/2010) Ken Griffin - Mira MarPage 1
From: Clay Phillips
To:City Attorney
CC:dritter@toase.com
Date: 12/19/2008 3:23 PM
Subject: Mira Mar
I received a call from David Ritter with Alan Taylor's office regarding the Mira Mar case, better known as the Alexander tract
or John Hawkins case. David is the attorney that has been handling this case for us. The judge in the case did rule on
Hawkins motion for summary judgement. David has indicated that the ruling has both good news and bad news.
The good news is that the judge remanded the case back to the City Council and did not rule that the city owes Hawkins
any financial considerations. The bad news is that the judge remanded the case back to the Council and will require that
we re-hear the case. As painful as that may appear, it will give us the opportunity to remedy any shortcoming we may
have with the facts of the case prior to the lawsuit resuming. Primarily, his claim that due process was not provided will be
completely disposed of with the new hearing. Also, all discovery is halted at this time.
David is suggesting that we adopt better hearing procedural rules at your February 10 meeting and then hold the hearing at
one of the March meetings. We will brief you more fully at your January 13 meeting. Please call with questions.