A controversial agreement signed last year between the city of San Diego and San Diego Gas & Electric survived a legal challenge after a San Diego Superior Court judge on Wednesday dismissed a lawsuit that sought to declare the deal null and void.
The judge dismissed the alleged Brown Act violation because the petition was filed before Burton was actually represented by Severson, thereby ruling that Burton lacked legal standing. Similarly, Sturgeon ruled that Burton lacked a “direct beneficial interest” to justify receiving “public interest standing” in that complaint. He added there was no evidence the vote “would have been any different had the City Council acted as petitioner argues it should have” and went to rule there was no violation of the City Charter.
In a franchise agreement, a local government grants a utility the exclusive use of public rights of way for transmission and distribution, as well as the right to install and maintain wires, poles, power lines and underground gas and electric lines within its jurisdictions — in this case, within the city limits of San Diego.
Pay to play always has cost.
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