Could The City Attorney Be Wrong About A Two Year Legal Limitation On Building Moratoriums?

Teresa of Barstow

It has long been the suspicion of some in this community that the developers and Realtors in the area have an attorney working at City Hall that we pay for. Which would be quite a convenience for them, and something that could give them a bit of a leg up when it comes to things like controversial land use issues.

Now I am not going to say here that what follows is any proof of this contention. However, it also does not contradict this notion either. And that this rumored faithless attorney working at City Hall is actually our City Attorney, well, that would certainly be a bad thing if true. It is unfortunate enough that certain elected individuals are also suspected of being faithless as well. We just don't seem to be having much luck with the government officials we date. In the metaphorical sense, of course.

On the matter of any time limitations to a possible building moratorium here in Sierra Madre, one predicated on the rather undeniable fact that we have run out of water and what we are importing to replace it is not regarded by many as being pure or healthful (at least after it hits our decrepit and rather ancient city plumbing), Sierra Madre City Attorney Teresa Highsmith pronounces the following legal opinion. This is taken from the current staff report on this matter, written for Tuesday evening's City Council meeting. It is currently parked on the City of Sierra Madre website and can be easily linked to by clickinghere.


If true, and that is how this Govt Code does appear to be written, it would certainly be convenient for those in the McMansion development community opposed to any building moratorium based on our locally non-existent water supplies. That Ms. Highsmith supplies no other opinion on this matter in her report to the City Council except to say that there is a maximum two year limitation on such moratoriums in California, certainly seems to indicate an unshakable belief that this interpretation of the moratorium question is not open to challenge.

So how do you explain this (link)?


Apparently the City of Cambria, which like Sierra Madre is in California and therefore subject to the same state laws, had in 2012 a water supply based building moratorium in place since 2001. Which math shows is far longer than two years.

So what's up with that, Teresa?

Et Cetera: Does anybody know anything about this?

That certainly must have been an interesting time for Ms. Highsmith.

Link here.

http://sierramadretattler.blogspot.com