City attorney: No decision on West Park appeal

George Logan, Patterson's city attorney, said the City Council made no decision during last night's closed session about whether to appeal a Fresno Superior Court judge's decision to throw out the city's lawsuit against West Park. And they might not decide anytime soon.

Logan said the city has 60 days to appeal after the judgment is entered — a formality that still has not been completed. He said it's likely the council will meet again in closed session, possibly in a month or so, before deciding anything.

As for the city's chances in an appeal, Logan was optimistic. He said the famed Save Tara case, used as precedent by both sides in the West Park case, was decided by the state Supreme Court because it failed in a trial court. That gives Logan some hope.

"Trial judges are just not as particular at enforcing environmental laws as appellate judges are," Logan said. "You get a better sense of justice in the appellate courts."

The council must also weigh the cost of moving forward with the case. In the revised budget for the 2008-09 fiscal year — which the council will review at its regular meeting Tuesday — the amount alotted for legal services nearly doubled from $140,000 to $275,000, the largest increase of any item in the budget.

"I think we'd have a very good chance on appeal, but the council will have to make that decision," Logan said.

UPDATE: Reporter John Saiz just spoke with Councilwoman Annette Smith, who wouldn't speak much on last night's discussion but did confirm that cost will be a factor in the council's decision on the case. She said the council has requested information on how much the suit has cost the city thus far, and that report could be available as early as next week.