Update 12/4: The Tomales Bay Oyster Company and friends have dropped their case. Unknown is where the near $20,000 raised on indiegogo and other donations solicited by Sarah Rolph from Carlisle, MA will end up. Donors may want to ask. (see Press Democrat for article)
"Like a tenant suing a landlord
over the eviction of another tenant
from the same building."
Press Democrat, November 30, 2014
The Press Democrat writes about the final lawsuit being played out in court over the closure of Drakes Bay Oyster Company in California. In that case, filed by Tomales Bay Oyster Company and others, the government has moved for dismissal as Drakes Bay Oyster Company has agreed to cease operating in the Phillip Burton Wilderness Area on December 31. That dismissal hearing, should it occur, will be held February 10.
The article notes Heather Bussing, an Occidental attorney and Empire College of Law instructor, saying the 9th Circuit Court of Appeals would be obligated to hear an appeal of the Government's moving to dismiss the case in Superior Court. However, as it also notes, because DBOC has signed a settlement agreement it is the equivalent of a tenant suing a landlord over the eviction of another tenant from the same building, a tenant who has agreed to the terms of eviction. She is quoted in the article as saying: "This case is dead in the water."
Stuart Gross, the attorney for Tomales Bay Oyster Company and the others, sent an email stating that "...he was leaving for Hong Kong and could not comment." Mr. Gross was told by Superior Court's Judge Gonzales-Rogers she had considered filing sanctions against Mr. Gross for submitting a case for which there was a "complete lack of merit."
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