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Published by: lesliebrodie on Jul 12, 2011
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David Hicks, SBN 053750PO Box 562Dunsmuir, CA 96025(530) 235-0235; fax (530) 239-4301E-mail : dhcases@aol.comAttorney for PetitionersSuperior Court of California(Unlimited Jurisdiction)Superior Court, Siskiyou CountyPeter Arth, Jr., individually and on behalf of all others similarly situated,Plaintiff,v.Chris Raine, Arliss Steele, Diane Dolf,individually and as members of the CityCouncil of the City of Dunsmuir, City of Dunsmuir, a General Law City of the Stateof California, “Dolf, Mitchell, Raine,Steele, Wofford For City Council 2010”,an unincorporated association, Citizens fora Better Dunsmuir, and Does 1 through 25,Defendants._________________________________ ]]]]]]]]]]]]]]]]]No. ______________
V
ERIFIED
P
ETITION
F
OR
W
RIT
O
F
 M
ANDATE
A
ND
 / 
OR
P
ROHIBITION
;
FOR
 O
THER
A
PPROPRIATE
R
ELIEF
F
ROM
T
HE
 U
NLAWFUL
D
ETERMINATION
O
F
T
HE
C
ITY
 
OF
D
UNSMUIR
C
ITY
C
OUNCIL
O
N
J
ANUARY
 18, 2011 R
E
P
ENDING
L
ITIGATION
 S
ETTLEMENT
;
FOR
D
ECLARATORY
 
AND
 I
NJUNCTIVE
R
ELIEF
 
AND
 
A
B
ILL
 
OF
P
EACE
;D
ECLARATIONS
 
OF
D
AVID
H
ICKS
 
AND
P
ETER
 A
RTH
, J
R
.
WITH
E
XHIBITS
 
ATTACHED
;M
EMORANDUM
 
OF
P
OINTS
& A
UTHORITIES
.
Hon. ____________Hearing Date: ____________, 2011Time: ______________Dept. ___________
Page
1
Petition For Writ Of Mandate/Prohibition
 
PARTIES
1.
Petitioner Peter Arth, Jr., is a resident of Dunsmuir, California, and an activemember of the California Bar, who was elected to the Dunsmuir City Council inNovember of 2008, and served until December 2, 2010. He brings this representativeaction on behalf of himself individually, and in his representative capacity on behalf of others similarly situated and lacking an adequate remedy at law as to the mattersprayed herein.
2.
He is a taxpayer and rate payer in Dunsmuir.
3.
Before filing this Petition, he made efforts to compel voluntary compliance withthe Political Reform Act of the new Council members.
1
During his service as Mayorof Dunsmuir, he brought about the adoption of Dunsmuir’s new Conflict of InterestCode, responded to the Siskiyou County Grand Jury report of conflict of interestviolations by the City in 2007, and supported the replacement of the City’s formerFinance Director, who is currently the subject of proceedings before the State FairPolitical Practices Commission. He also was instrumental in responding to Statedemands regarding repeated and repeating failures of the City to follow federal andstate water quality requirements, thereby endangering the waters of the upperSacramento River due to deterioration of the City’s water and sewer system. Duringhis time in office, the City committed to a Seven Million Dollar system repair andupgrade project that satisfied all regulatory agencies and served to substantiallyimprove the City’s bond rating.
4.
Respondent City of Dunsmuir (“CITY”) is a political subdivision of the State of California, County of Siskiyou, and located within this judicial district. The City
1 See Group Exhibit 1 attached to his accompanying Declaration.
Page
2
Petition For Writ Of Mandate/Prohibition
 
Council of CITY consists of Nick Mitchell, as Mayor, Chris Raine, Vice-Mayor, andmembers Ed Steele, Arliss Steele (no relation), and Diane Dolf.
5.
Real Parties in Interest are voters, residents, rate-payers and taxpayers of CITYand rate-payers outside CITY subject to City fees for water and sewer system usage.
6.
Some of the Respondents previously instituted a related action entitled
CitizensFor A Better Dunsmuir, an unincorporated association, and Nick Mitchell
(hereaftercollectively referred to as “CBD
”) v. The City of Dunsmuir, The City Council of theCity of Dunsmuir and Does 1-100, inclusive,
#
SCCVPT 10-1148
in this Court inwhich they sought mandamus, declaratory and injunctive relief, based on allegationsthat CITY failed to follow the protest process in Proposition 218 as part of increasingwater and sewer rates. CBD and respondents Raine, Dolf and Arliss Steele opposedany rate increases. That case sought to block the water/sewer project and attendantrate increases.
7.
CBD and Respondents did not dismiss the case when they took office onDecember 2, 2010, and refused to disqualify themselves for conflict of interest inorder to vote on how to settle their own lawsuit against themselves, eventually voting,despite legal advice by the City Attorney explaining how to deal with the conflict of interest problem, to dismiss the case on terms favorable to themselves as members of CBD and against the financial interests of the Petitioner, the public and CITY,contrary to CITY’s established policy to not waive costs and fees in litigation matters.
CHRONOLOGY OF KEY EVENTS
8.
The November 4, 2010, Dunsmuir City Election results showed that Ed Steele hadwon the most votes and he was retained on the City Council, while slate candidatesNick Mitchell and Respondents Chris Raine, Arliss Steele and Diane Dolf were
Page
3
Petition For Writ Of Mandate/Prohibition

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