MORGAN HILL
– Construction trailers delivered to a Ford dealership site this
week will have to sit unused for a while if Gilroy businessman
Scott Lynch gets his way.
MORGAN HILL – Construction trailers delivered to a Ford dealership site this week will have to sit unused for a while if Gilroy businessman Scott Lynch gets his way.
Bruce Tichinin, the Gilroy Ford dealer’s attorney, hand delivered an emergency request to the Sixth Court of Appeals in San Jose Wednesday asking that the Ford project be halted immediately.
Lynch, who has fought the Ford dealership since it was announced it was coming to Morgan Hill, claims unfair competition because the Condit Road site for the new dealership owned by Tim Paulus is too close to the Bob Lynch Ford at Monterey Road and Luchessa Avenue in Gilroy.
A previous request, filed April 5, for a halt to the proceedings is before Judge Socrates Peter Manoukian, awaiting a decision on whether to hear the appeal for a long term halt.
“I expect to hear by Monday and I’m optimistic about prevailing,” Tichinin said Thursday. If the request is denied, Lynch and Tichinin both confirmed they will appeal to the state Supreme Court.
Morgan Hill City Attorney Helene Leichter said she doesn’t expect the judge to grant the request.
The latest request, Tichinin explained, would put an immediate, temporary hold on construction at the Ford site on Condit Road just north of East Dunne Avenue. If granted, it would delay the start of building until Lynch’s previous appeal is decided.
Tichinin took the emergency action after he drove by the site Wednesday and saw activity.
“I checked the site this morning and noticed they were off-loading some portables,” Tichinin said.
Lynch suit also asks the city to revoke what he says is unlawful re-zoning of the property and for granting an unfair sales tax rebate contract granted to Paulus.
“The rebate contract significantly threatens competition between Lynch and Paulus because it provides that the city will pay Paulus up to $1.225 million of partial sales tax rebates over 10 years,” the petition claims.
Tichinin filed the original lawsuit for Lynch and, when it was dismissed, appealed.
