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Real Estate/Development,
Judges and Judiciary,
Government

Sep. 23, 2022

Can judge overrule San Diego’s purchase of building it can’t use?

“Regardless of the plaintiff’s belief that the lease is unfair or that the lease payments are inflated, the city has consistently maintained possession and use of the premises,” said Superior Court Judge Joel R. Wohlfeil.

A San Diego County judge says he cannot overrule a 2016 decision by the city council to buy a property it has never been able to use for many times more than it was worth.

On Thursday, Superior Court Judge Joel R. Wohlfeil took under submission arguments over his tentative decision, based on several appellate rulings: that the taxpayer plaintiff does not have standing because the city’s decision to abide by a contract is discretionary, not...

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