Council of CITY consists of Nick Mitchell, as Mayor, Chris Raine, Vice-Mayor, andmembers Ed Steele, Arliss Steele (no relation), and Diane Dolf.
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.
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,
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.
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
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
Petition For Writ Of Mandate/Prohibition