Alexander Ct-CS090921
(2/22/2010) Ken Griffin - Mira MarPage 1
From: Clay Phillips
To:City Attorney
Date: 9/21/2009 11:21 AM
Subject: Mira Mar
David Ritter called today to brief me on the outcome of the hearing today on the Mira Mar case. David said the judge could
not have ruled more favorably than he did. The judge threw out all claims for attorney fees, by far the largest dollar
amount of any claim, and most of the specific issues. The judge ruled that the Council's hearing and resulting Findings of
Facts & Conclusion of Law was satisfactory and that the decisions made by Council are valid with one exception. He
awarded an additional $8,000 related to the cost of the land and construction of the sidewalk adjacent to the development.
The judge indicated that he may dispose of the case at a November 5 hearing at which he will rule on our motion for
summary judgement. Otherwise, the few remaining issues that were not related to the proportionality argument are
scheduled to go to trial in December.