Charlea Moore, who holds a seat on the Rio Linda/Elverta Recreation and Park
District Board of Directors, and her husband Gene Moore are suing the Rio
Linda/Elverta Community Water District, asking the District to rescind a
wage increase for Water District employees. The Water District has been notified
that the Moores' motion for a preliminary injunction has been taken off the
court calendar.
The Moores announced their lawsuit at the Water District's February 18 Board
meeting by publicly serving a summons on Water District General Manager Dave
Andres. Their lawsuit asks for an injunction to nullify the wage increase
or to submit the wage increase to the voters. The salary increases the Moores
would stop are for five employees, and have cost $5580 through February,
according to the District. "Defending this frivolous lawsuit will cost the
District far more than that", stated Stacey Sheston, the District's legal
counsel, on March 7. Confirming Sheston's statement, the Water District records
now show $8368 in expenses responding to the Moores through February. These
expenses will be borne by the District's 4300 customers.
On March 9th, Superior Court Judge Raymond M. Cadei denied the Moores' motion
for a Temporary Restraining Order, setting a hearing for a motion for a preliminary
injunction on April 18th. In their motion, the Moores claimed, through
John M. Lattini, their Attorney, that they are "voters...who receive water
delivered through the [Water District's] system". The fact, however, is that
the Moores do not receive water through the Water District's system and do
not pay Water Fees.
The Water District has been notified that the April 18 hearing has been taken
off the court calendar. However, the lawsuit still proceeds.
The Water District, in its response to the Moores' lawsuit, suggests to the
judge that the Moores have no beneficial interest or injury and that the
Moores' claims are not ones upon which relief may be granted. The Water District
asks for a judgment in favor of the District and asks for reimbursement of
the District's costs.
The next court hearing date has not been set.
....pertaining to the water district, I'm curious after reading the filed
documents by the Moores and their attorney, if their attorney was led to
believe that the Moores were RLECWD ratepayers, or was it just their attorney's
assumption? Most attorneys that I've dealt with don't assume too many things
on a legal document that is filed with the court.
March 27, 2003