Saturday, January 07, 2006

PPH Believes There Is A Significant Exposure To Litigation By An Adjacent Landowner In The ERTC

The Palomar Pomerado Health (PPH) district has scheduled a special meeting of its Board of Directors, pursuant to California Government Code Section 54956.9, Subdivision (b), to conference with legal counsel regarding potential litigation. According to the meeting agenda, "there are facts and circumstances surrounding the location of the hospital at the ERTC site which might result in litigation by adjacent landowners."

The agenda for the special meeting on January 9, 2006, is available at:
http://civics.robroy.cc/ph.html

California Government Code Section 54956.9 is part of the Brown Act, which is available at:
http://www.leginfo.ca.gov/cgi-bin/displaycode?
section=gov&group=54001-55000&file=54950-54963


Under subdivision (b), "facts and circumstances" shall consist only of:
(A) facts and circumstances not yet known to potential plaintiffs (facts need not be disclosed)
(B) facts and circumstances known to potential plantiffs (facts shall be publicly stated on the agenda or announced)
(C) a claim or written communication threatening litigation (claim or communication shall be available for public inspection)
(D) a statement in an open or public meeting threatening litigation
(E) a statement threatening litigation made to an official or employee with a record made of the statement prior to the meeting (record shall be available for public inspection)

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