A large portion of the Committee to Relocate Marilyn's case against the City of Palm Springs over the location of the "Forever Marilyn" statue could be nullified if a tentative Wednesday court ruling is upheld.
Riverside County Superior Court Judge James Latting issued a tentative ruling supporting Palm Springs' request for a "demurrer" on four of the committee's six causes of action — or reasons for bringing a lawsuit. A demurrer is essentially an objection that an opponent's point is irrelevant or invalid.
If upheld in a Thursday hearing, the move would see those four arguments dropped, leaving the committee's case largely resting on allegations that the statue's placement violated state planning and zoning laws.
The Committee to Relocate Marilyn is suing Palm Springs over the city's decision to allow local hotel association PS Resorts to place the "Forever Marilyn" statue on Museum Way. The committee — helmed by Chris Menrad and Trina Turk — has accused the city of violating various municipal and state codes with its closure of Museum Way. They argue that Palm Springs did not hold a public hearing to get resident input on the street closure before moving ahead with its plans.
The city has argued that it has a three-year contract with PS Resorts to install the statue on Museum Way, and that because the street closure will be temporary, the city isn't required to follow the formal process of permanently closing a street.
An attorney representing the Committee to Relocate Marilyn was not immediately available for comment.
Palm Springs City Attorney Jeff Ballinger called the tentative Wednesday ruling "a pretty significant blow" to the committee's case. "I’m hoping that the plaintiffs will realize that this is just further indication that this case doesn’t have any legal merit," he said.
The first and second causes of action in the committee's case alleged that the placement of "Forever Marilyn" violated California's vehicle code and streets and highways code respectively. The third cause of action argued that the statue's placement violates Palm Springs municipal code, while the sixth alleged that it violates the California Environmental Quality Act.
If the tentative ruling is upheld, each of these arguments would be excluded from the case going forward. Ballinger said the the city had chosen to not include the fourth cause of action — alleging a violation of state planning and zoning laws — in the request for a demurrer due to the nature of that legal vehicle.
"While we believe that we are ultimately going to prevail on the planning and zoning action," Ballinger said, "because the judge has to rely primarily on the facts as they are in the complaint, we didn't think the demurrer was the appropriate vehicle" to address those points.
A final ruling on the demurrer will be held on Thursday at 8:30 a.m. and will be livestreamed online here under "Palm Springs Department PS2." Details and dates for further hearings are also planned for discussion in that meeting.
Prior reporting from Desert Sun staffer Erin Rhodes was used in this report.
James B. Cutchin covers business in the Coachella Valley. Reach him at james.cutchin@desertsun.com.
https://www.desertsun.com/story/news/2021/07/28/palm-springs-forever-marilyn-court-tentatively-rules-against-statue-foes/5409740001/
2021-07-29 00:50:06Z
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