On to the Supremes

Give developer Tom Fogarty credit: He’s determined. Despite the fact that his $17 million lawsuit against the city of Chico has twice been denied in court, he is now appealing it to the state Supreme Court.

Fogarty originally filed the suit in 2005, after the City Council made last-minute changes in his 340-acre, 1,300-unit Oak Valley subdivision near Highway 32 and Bruce Road. After earlier moving half the 160 houses proposed for the easterly section of the parcel to a lower elevation, the council later moved the remaining houses off the section, citing a desire to protect the foothills viewshed.

Fogarty insists the change cost him $17 million and was done illegally. But both a local judge and the 3rd District Court of Appeals have upheld the city’s claim that Fogarty missed the 90-day deadline for serving the city with the suit.