GILROY
– A Santa Clara County judge denied a request Friday by an Eagle
Ridge housing developer that would have rerouted a decades-old
water line a seventh-generation Gilroy family has been fighting to
keep intact.
GILROY – A Santa Clara County judge denied a request Friday by an Eagle Ridge housing developer that would have rerouted a decades-old water line a seventh-generation Gilroy family has been fighting to keep intact.
Now, even if the Thomas family loses its case to keep the water line in perpetuity, Shapell Industries – the Milpitas-based developer trying to build 13 new homes where the water line now lies – won’t be able to start construction until the case is done.
“In essence, the pipe stays where it is until the court resolves this case, which could be up to five years from now,” Thomas attorney Perry Woodward said.
Judge William Elfving’s decision, which was mailed to lawyers this week, is the third small-step court victory for the Thomas family in recent months.
Although the rerouting of the line would have continued the supply of free drinking water to the Thomases, Woodward claimed Shapell’s offer was a disingenuous attempt to bring lesser quality water to the Thomases so the development firm could build homes before the case is tried in court.
Shapell spokesperson Gary Marsh could not be reached before deadline, but Shapell has argued that the Thomases’ complaint is not regarding their ability to obtain water, rather the requirement to pay for water they “surreptitiously took for free.”
Shapell wants the family to tap into a city water pipeline the company was required to run to their property. It also contends the family has easement rights to a neighbor’s well.
In early July, the judge granted a preliminary injunction against Shapell, temporarily barring the company from removing the water line that is preventing the development of 13 new Eagle Ridge homes. The roughly quarter-mile pipeline had been cut by Shapell in June and restored weeks later after an order by the court. Days after Shapell cut off their water supply, the family filed suit.
Woodward did not hear from Shapell’s lawyers since the judge handed down his latest decision, but said he wouldn’t be surprised if his opponents are considering an out-of-court settlement.
“The Thomases have always taken the position that if pipe is rerouted it should be permanent and appropriate,” Woodward said. “If that is offered it would effectively end the dispute.”
Woodward said he would hold out for legal fees if a settlement is offered.
“The Thomases have accrued a significant amount of legal expenses. It’s only fair they are compensated,” Woodward said.
