TS Gallegos' Palco case smashed by appellate court
ER Appeal court upholds dismissal of fraud suit against PALCO
My observation, the Eureka Reporter got it right and the Times Standard is wistfully wondering "what comes next?" for the suit, though their headline said it all in no uncertain terms. Let's hope it is dead. Let's hope Gallegos doesn't take it to the CA Supreme Court. Though that might be even more entertaining than this last one.
And over at Hank's blogthing - Ken Miller Says: The court’s decision means that a corporation, or any entity, has the right to lie in pursuit of a government permit, with immunity from prosecution by a DA.
Some will celebrate because Gallegos lost, when really it is the public that loses.
No, Ken - it means that both sides get to present their case in any dealings with public entities - without fear of judgement by biased officials or predatory litigants like yourself.
You say they lied. That doesn’t make it true. It's your opinion, your spin.
And the justices point out in no uncertain terms that this case in particular had plenty of review, took place in full public view with loads of public comment and oversight and negotiation by and between numerous governmental agencies resulting in 80,000 pages of documents. They found it unlikely that one document, submitted AFTER the filing period, and corrected voluntarily shortly thereafter, still BEFORE the decision was rendered, likely had no effect on the outcome.
They said that even after three tries, Gallegos case not only had no merit but wasn’t even salvageable.
The “right to lie” rhetoric made the justices laugh, Ken.