PALMDALE, CA, AUGUST 5, 2011 – On August 5, Los Angeles Superior Court Judge Rex Heeseman denied the City of Palmdale’s motion for summary judgment in the ongoing litigation between the City and Palmdale Water District regarding recycled water service. The ruling allows the water district to proceed with its case for damages against the City.
In its motion, the City contended it was not violating state law by planning to provide recycled water to facilities that are already served by Palmdale Water District. The water district opposed the city’s motion, arguing that state law entitles the District to recover money damages from the City because the City will be providing the same type of service – irrigation service – that the district was already providing. This duplication, in effect, renders a portion of the District’s water system useless and wastes the District’s investment in those facilities.
Judge Heeseman found the District was right and entitled to compensation when water services are duplicated for the same type of service. The case will now move on for trial, which is scheduled to start February 21, 2012.
Dennis LaMoreaux, the District’s General Manager, stated, “We are pleased with the judge’s ruling. We can now continue to move forward in attempting to recover the damages our District and its ratepayers will suffer if the City’s misguided effort to become a recycled water provider is successful. The District remains hopeful that the City will rejoin the valley-wide recycled water planning effort that has been underway for the past several years, and not try to go it alone.”
