HMB City Council votes to fight

At Tuesday night’s meeting, the Half Moon Bay City Council voted unanimously to appeal the Yamagiwa decision and introduced its new attorneys for the appeal: Orrick, Herrington & Sutcliffe of San Francisco.  While the decision itself was not terribly surprising, the County Times reported that the decision received "mixed support from the audience". Coastsider was there and will have gavel-to-gavel video of the meeting online as soon as possible.

"We believe the judge’s decision is erroneous and contains many grounds for appeal ... and we are confident in our position," added John Knox, a partner with Orrick, Herrington & Sutcliffe.

Knox would not say what those grounds of appeal might be. He did say that, typically, an appeals case will proceed differently from the case Walker heard, which was filled with technical evidence and expert testimony concerning the presence of wetlands on the Beachwood site and the city’s role in dealing with them. Heard by a three-judge panel, this case will look at whether Walker correctly applied the law or consider errors made by the judge — legal, procedural or otherwise, according to Knox.

Walker has yet to issue a final document in the case, also called a judgment, which will outline pre- and post-judgment interest Keenan’s law firm is hoping Half Moon Bay will pay. A separate document, due in to Walker by Dec. 28, will enumerate the legal fees the city will have to pay if it does not appeal.

It’s still unclear whether the city will have to post a bond to appeal or how much money the city will have to borrow to fund the effort. The council voted to hired investment banker Piper Jaffray to assist with financing.