Court dismisses appeal in PLJ lawsuit

Responding to a request from attorneys for Promote La Jolla, the state appeals court on Monday dismissed a pending appeal of an order confirming that Nancy Warwick and Bob Collins are members of the board.

The request for dismissal was announced in a press release Friday by Rick Wildman, the new president of the business improvement district for the Village.

It follows a closed session on Jan. 14 at which the board “unanimously passed a resolution instructing our attorneys to settle the lawsuit” filed on Dec. 10, 2007 by Warwick and Collins, the release states.

Wildman said the move was made “In accordance with the letter and spirit of the … resolution, and in order to further enhance feelings of cooperation and goodwill among our membership.

Collins and Warwick sued following the 2007 board election when two directors were seated who were ineligible because their businesses were not within the organization’s boundaries. Collins and Warwick, the next highest vote getters, contended they were legally elected.

The pair also alleged that Promote La Jolla directors didn’t want them on the board because they opposed paid parking on Village streets.

In addition, Warwick sought documents relating to the election and the resignations. She said Monday she would not pursue the matter any longer.

Superior Court Judge John Meyer ruled they both had been properly elected, but on March 11, 2008, Promote La Jolla sought to reverse the ruling.

That move in the appeals court was denied, a decision they appealed on April 18, 2008.

Then in November, Warwick and Collins proposed dropping the lawsuit - a move that was accepted by the board.

However, Warwick and Collins had not signed the agreement that had appeared to resolve the case.

Collins said last week that documents presented by the former board contained some language that was not acceptable to him.

However, Friday’s announcement that PLJ wants to end the case is good news, he said.

“This will help everybody go forward,” Collins said.

Warwick expressed similar sentiments: “I’m pleased that this chapter with PLJ is over and look forward to a great year with the past and new directors.”