HomeMy WebLinkAboutCity Attorney’s Notice of Filed Complaint by the City of Hun (8)e
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CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: HONORABLE MAYOR and CITY COUNCILMEMBERS
FROM: JENNIFER MCGRATH, City Attorney
DATE: December 3, 2008
SUBJECT: Notice of Filed Complaint
C-ITEM for the December 15, 2008 CITY COUNCIL MEETING
The following complaint was filed on November 5, 2008.
Plaintiff: City of Huntington Beach
Defendants: Kathleen E. Peerenboom
The Complaint was filed to enforce the affordability covenant at D-40 at Brisas
del Mar, to recover actual damages for breach of covenant, continuing nuisance,
declaratory relief, and injunctive relief.
Initial Complaint: City of Huntington Beach v. Kathleen E. Peerenboom
Orange County Superior Court
Case No. 30-2008-00219744
Nature of Case: Brisas del Mar is an affordable housing project located at
409 E. Utica. Pursuant to an Affordable Housing Covenant recorded on the
property, each unit is required to be sold at a City -calculated price determined to
be affordable to low or moderate income buyers. Unit D-40 sold in excess of the
affordable price. The City is now suing to enforce the Covenant.
Approved:
Scott Field, Assistant City Attorney
28846
JENNIFER MCGRATH,
City orney