FOR IMMEDIATE RELEASE
March 18, 2024
Contact
Randy Robbins
C: 909-499-3570
Riverside, Calif. – On March 15, 2024, the Riverside County Superior Court ruled in favor of Pass Action Group, a local community organization, in its lawsuit challenging approval of the “Banning Point” project. The project would construct a 620,000-square foot warehouse development near hundreds of homes in the City of Banning.
The court found that the City’s decision to approve the project was tainted by the participation of former City Council member Mary Hamlin, whose statements and actions in favor of the project created an unacceptable risk of bias and deprived project opponents and the public of their right to a fair hearing.
“The court’s decision is a victory for fairness in the City of Banning,” said Randy Robbins of Pass Action Group. “Our representatives need to listen to their constituents, not just become cheerleaders for warehouse projects that will make our traffic and air pollution problems even worse.”
The development is slated for construction across from the entrance to the Sun Lakes 55+ Adult Community, an established 3,327-home community of senior citizens. The development would generate as many as 296 heavy duty truck trips a day entering and leaving the warehouse via Sun Lakes Boulevard, which is also the entrance to the Sun Lakes community.
In the court’ s order, the Honorable Harold W. Hopp found that Council Member Mary Hamlin made multiple statements demonstrating bias in favor of the development. For example, Hamlin sent an email to “the managing principal of Real Party Creation Equity, congratulating him on the Planning Commission’s approval. She asked to be involved in leasing discussions for the project to do damage control and ‘repair the negativity’ to her reputation with constituents. The following week, she further suggested contacting a reporter to correct the record and help her repair her damaged image.” Constituents of Hamlin’s district then mounted her successful recall.
The court directed Pass Action Group to prepare a “writ of mandate,” essentially a court order directing that the Council must reconsider the project without the participation of the biased Council member. The court rejected Pass Action Group’s other arguments against the project, and the organization is evaluating whether there are grounds for filing an appeal.
The case is Pass Action Group v. City of Banning; Sun Lakes Highland, LLC; and Creation Equity, LLC; et al, Real Parties in Interest, No. CVRI2201482. Pass Action Group is represented by Kevin P. Bundy and Orran G. Balagopalan of Shute, Mihaly & Weinberger LLP.
Please contact Randy Robbins at randyllump@yahoo.com to receive a copy of the court’s decision or to arrange an interview with a member of Pass Action Group’s legal team.
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