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On Saturday, January 18, attorney Joyce Caraway received a notice from the California Supreme Court that COMET’s Petition for Review was denied. COMET had petitioned for a reversal of the appellate court’s decision in favor of Redlands and taking away COMET’s “standing,” [Ed.’s Note: right to bring a lawsuit]. “COMET had sought to prevent further forced annexations, but Redlands originally argued that COMET couldn’t prevail at trial and the judge bought the argument.” It was all downhill from there,” she added. It appears the case is over, even though the trial court judge did not rule on several issues, such as Redlands’ ‘development impact fees’ for library, police, fire, parks, etc., that Mentone’s developers and subsequent owners probably will not use,” she continued.

“It was a summary denial, meaning that the Supreme Court didn’t have to explain why it was denying review,” stated Caraway, who has been prosecuting COMET’s lawsuit against Redlands and LAFCO for nearly six years. “Redlands may be out of the lawsuit; all that would remain is for LAFCO, which approves Redlands’ forced annexations, to get out of it, as well.

“It has been a very complicated case, with several issues, including Redlands’ having done several illegal annexations and getting away with them.

“This doesn’t necessarily mean the end of the road for Mentone,” she added. “Every such annexation has to be approved by LAFCO, and if the property owners do not wish to be in Redlands, they may object before LAFCO, which has to abide by their wishes: Government Code Section 57078. Thus, if new property developers in Mentone want to stay in Mentone and don’t want to be absorbed into Redlands, they may appear before LAFCO and object and, by law, LAFCO may not approve the forced annexation. The problem is that most property developers think that “agreeing” to Redlands’ demand is all that they can do and apparently no one is telling them otherwise. That’s one reason why so much of Mentone has been lost in the past few years,” she continued. If anyone knows of someone who is developing property in Mentone, they should talk to them and ask them to stay in Mentone by objecting to LAFCO’s approval of Redlands’ forced annexation. If LAFCO then makes the wrong decision, the developer can sue; the decisions in COMET’s case do not prohibit any developer from suing LAFCO,” she added.

“The other problem for Mentone is that, unfortunately, some developers have not cared about it but instead have agreed with annexation or an unenforceable ‘pre’-annexation for business reasons, and thus have placed Mentone’s future in jeopardy. COMET filed suit to prevent future such annexations; also unfortunately, the courts did not discern Mentone’s dilemma and give us what we believed we deserved,” she concluded. MM

After COMET filed its Petition for Review in the California Supreme Court, Redlands had until the time limitation of December 23 to file its Answer, after which COMET could file a Reply. Redlands did not file anything, so COMET is now waiting for the Supreme Court to grant or deny review.

Again, the “questions presented” in the Petition included 1) whether Redlands’ demanded annexations and “pre”-annexations, before it will provide water and sewer services, violate several [California] Codes and case law ; 2) whether the forced annexations violate the Takings Clauses of the United States Constitution; 3) Whether a challenge to the “pre”-annexation “Agreements” without further proceedings, triggered the time limitations of California Code of Civil Procedure Section 860 [Ed.’s note: the basis on which the case was thrown out, rather than “substantive” issues]; and 4) Whether the appellate court possessed jurisdiction to reverse the trial court’s finding of COMET’s associational standing, when COMET and Redlands did not appeal that issue.

The Court only reviews 3% of the Petitions it receives.

“The high Court refused to grant COMET’s fee waiver of the $710 filing fee, despite multiple requests and proofs of need therefor,” said Joyce Caraway, COMET’s attorney for this case. If anyone wishes to contribute to COMET’s legal costs, they may forward contributions to C.O.M.E.T. at P.O. Box 246, Mentone, 92359. MM

On Tuesday, December 3, COMET [Ed.’s note: for those who don’t know, it stands for Community of Mentone Empowered Together], a Public Benefit Corporation, filed its Petition for Review in the California Supreme Court. The Petition asks four questions: 1) whether Redlands’ demanded annexation in exchange for provision of water and sewer services violate the law; 2) whether its demanded annexations in exchange for those utilities violates the Takings Clauses of the U.S. Constitution; 3) whether COMET’s challenge to the “pre”-annexation “Agreements” forced upon developers and Redlands’ 1956 Annexation No. 4 triggered the time limitations the trial and appellate courts imposed on COMET’s case; and 4) whether the appellate court had jurisdiction to overturn the trial court’s finding that COMET had associational standing [Ed.s’ note: meaning its right to sue in place of a developer who was directly affected, on the basis that all of Mentone is impacted by the forced annexations].

Prior to filing this Petition, COMET had filed a Petition for Rehearing with the appellate court, which summarily denied it [Ed.’s note: that means without an explanation]. The Petition was designed to ask the high court to overturn the appellate court’s Opinion.

COMET cited Code authority for its claim that Redlands extorts annexation and case law that extended the Code authority to civil cases, as well. COMET also cited U.S. Supreme Court case law that found that any government’s demands, for more than was needed in order to provide a permit, constituted “takings of property without just compensation,” which “takings” were prohibited in the highest Court’s view.

COMET’s original Complaint, filed in March 2019, attached a “pre”-annexation “Agreement,” without the signing of which Redlands would refuse to provide the water -“from under Mentone’s streets and from Mill Creek a mile east of where Mentone took its water – but did not challenge any particular annexation other than all which were illegal and Annexation No. 4. As the Complaints explain, Annexation No. 4, accomplished in 1956, went up Wabash to what is now the south side of the airport runway, turned eastward and went almost to Bryant, connecting one of the City’s properties with its east city limits,” explained Joyce Caraway. who has prosecuted COMET’s case from the beginning. “It did so by means of ‘strips’ of land which violated the law concerning such ‘strips,’ and we claim that all annexations adjacent to the 1956 Mill Creek annexation are also illegal,” she continued. “A major factor is that most of Mentone did not know of the annexation and none of the adjacent property owners knew of the illegality at the time, but Leonora Tate notified the City in writing that they did not wish their property to be annexed, which the City honored,” she added. “Later, another property adjacent to Mill Creek was involuntarily annexed by the City in recent years so that it could connect their water property south of Mill Creek Road to the city limits in the Mill Creek properties it had already annexed. Although the property owner objected, Redlands did it anyway.

“As suggested by Redlands’ counsel, the trial court found that COMET had failed to bring a timely challenge and basically threw our case out. We are endeavoring to get it reinstated, or at least have some of the holdings against us reversed,” she continued. “This is the reason for our arguments that Annexation No. 4 and the ‘Pre’-annexation agreements attached to the Complaints – which ‘Agreements’ violate the ‘contiguity law,’ and California Supreme Court case law upholding the Code section – did not trigger the time consideration, also because that time limitation was enacted after Annexation No. 4 was completed.”

“COMET appealed the trial court’s finding of no other types of ‘standing’ but did not appeal COMET’s associational standing; nor did Redlands file a cross-appeal. Thus, the appellate court did not have jurisdiction to overturn the trial court’s finding that COMET had standing; however, the appellate court took away that standing, anyway,” she continued.

Redlands’ counsel has a certain amount of time to answer the Petition for Review; then COMET will have to reply to its arguments. “After that, the Supreme Court has the discretion to grant or deny review; its website states that it only undertakes 3% of the cases referred to it; we hope that the Court will see value in our questions and grant review,” she concluded.

Anyone wishing to read these articles as they are published are welcome to add their e-mail address to the website. Donations to the Chamber for legal fees are most welcome, as are new members; one need not own a business: individuals may also join. MM

On Friday, October 25, 2024, the appellate court served its opinion in the case of C.O.M.E.T. v. Redlands, agreeing with the trial court and finding against Mentone on all points. The main issues litigated were whether Redlands had a right to demand annexation in exchange for providing new water service, which C.O.M.E.T. alleges is extortionate because Redlands is not otherwise entitled to pull Mentone into its city limits. The court disagreed with C.O.M.E.T. because it had not brought a “reverse validation” case within 60 days of a completed annexation, although C.O.M.E.T.’s complaints had attached Annexation “Agreements” dated just weeks before, in which the property developers agreed to allow annexation when the property was next door – [Ed.’s note: “contiguous” in legalese] to Redlands’ city limits. After such an executed “Agreement” became available, the trial court had already thrown out C.O.M.E.T.’s reverse validation cause of action without leave to amend.

“Redlands’ action is based on its 1997 “slow-growth” initiative, a position that is not encompassed in the law elsewhere in California; nor have I found another community that is being taken over as we are,” stated attorney Joyce Caraway, who has prosecuted the case for the past 5 1/2 years.

The appellate court also agreed with the trial court that C.O.M.E.T. lack “standing” [Ed.’s note: meaning a right to sue] because C.O.M.E.T. could not prove to the court’s satisfaction that it represented other Mentone residents and because it did not own property that was subject to Redlands’ forced annexation. The trial court had found that C.O.M.E.T. possessed “associational” standing but the appellate court reversed that finding, deciding that C.O.M.E.T. lacked any of the four types of standing. “We know people in the community and in Redlands don’t know and haven’t known what was going on with Redlands or the lawsuit; it’s because we are not a united community, such that only a few attend the C.O.M.E.T./Chamber meetings, that we don’t have the clout a city would have,” she added.

“Someone who is forced to annex in order to receive water to their new development would not have these problems; they would have standing and a reverse validation cause of action. However, there are strict statutes of limitation in which they must challenge that action by Redlands, and they need to know their right to challenge the forced annexation. Sometimes developers come to Mentone and develop their properties and then leave after annexing because they don’t care,” attorney Caraway concluded.

The appellate court agreed with the trial court on all other issues on which it opined; some issues had not been decided on the trial court level and some were not addressed in the appellate decision.

LAFCo, the San Bernardino County Local Agency Formation Commission, which oversees all of Redlands’ annexations, is the other defendant, with somewhat different issues in the case.

UPDATE:

On Tuesday, November 12, C.O.M.E.T. filed a timely challenge to the decision, titled a Petition for Rehearing, with the Fourth District Court of Appeals, to which was attached a Declaration of Joyce Caraway, with proof that the “reverse validation” had not been triggered by the Annexation and “”pre”-annexation “Agreements attached to three versions of the Complaints. “Although I am informed by appellate specialists that the Court usually does not accept briefs with declarations, it did this time,” stated attorney Caraway.

“The Petition argued that because the ‘Agreements’ – which were only “pre”-annexed [Ed.’s Note: those for Mentone’s Dollar General and the erstwhile Tom’s Burgers], together with Redlands’ illegal 1956 annexation of Mentone’s Section 7 and all of Mill Creek, did not trigger the reverse validation action, it was error for that court and the trial court to throw out the causes of action – most of which rulings were based on ‘no timely reverse validation’ – and they should be reinstated,” she added. “Redlands is not allowed to file an Answer to the Petition unless the court asks it to.

“The appellate court has until 30 day after its October 25th Opinion against C.O.M.E.T. in which to decide whether to grant the rehearing; if it does not wish to do so it may state that intention or it may just ignore the Petition,” Caraway concluded. MM

On Thursday, September 19, Mill Creek Restaurant hosted 177 gamblers and diners for the Chamber annual Casino Night fundraiser, for a net amount of $5,140.00 into Chamber coffers, announced Mill Creek owner Jim Lotito at the C.O.M.E.T./Chamber meeting Tuesday night, September 24. (Ed.’s note: C.O.M.E.T. stands for Community of Mentone Empowered Together.) Casino Night Winners entered a raffle for gift baskets, all of which were won. An “all you can eat” dinner was included in the $20 gambling tickets.

In addition to hosting Casino Night, Mill Creek donates the food for the Casino Night buffet each year.

Mill Creek co-owner Maribeth Lotito made the gift baskets, which are also available at the restaurant throughout the year.

Many attendees purchased their tickets in advance, receiving more “play money” than the $100 bill at the door.

The Chamber lends its funds to C.O.M.E.T. for its lawsuit requesting the San Bernardino Superior Court to prevent Redlands from completing its takeover of Mentone territory into its limits, as it has for the past 136 years, according to attorney Joyce Caraway, who is prosecuting the case. “The first takeover was in 1888, when it took the part of Mentone that extended from Wabash West, past Stater’s, to a street whose present name is unknown to us, and its southern boundary was Brockton. The next takeover was its 1956 annexation through Mentone’s Section 7 and out almost to Bryant – its illegal foray through Section 7 is now the south side of Redlands’ Airport’s runway. Now it demands annexations to its city limits in exchange for new water service, since its enactment of its 1997 ‘Measure U.’ If its city limits are not next door to the new property development for which water is requested, Redlands demands “Pre-Annexations,” which are completely illegal and unenforceable but it continues to demand them, nevertheless. Redlands avoids having to put the annexation issue to Mentone for a vote by demanding annexations of parcels that are less than 150 acres, which is the statutory voting threshold,” she stated.

“The last brief in our appeal was filed in January and the court has promised its decision ‘on or before’ October 1, 2024,” she added. “What we do next depends on the Court of Appeal’s decision,” she concluded.

C.O.M.E.T. and the Chamber meet the last Tuesday of the month at 7 p.m. in Mill Creek Restaurant’s Banquet Hall, in the rear of the restaurant. All are welcome to attend and join the Chamber: businesses pay $50.00 each year and individuals pay $25.00 yearly. Membership in C.O.M.E.T., a Public Benefit Corporation, is included in Chamber membership.

The Other News:

Chamber members and others participate in the Adopt a Highway program six times each year; this time it is on Saturday, September 28, meeting at 7:00 a.m. at Hovey Tile on Mentone Boulevard.

Redlands East Valley High School, “REV,” located at 31000 E. Colton in Mentone, has its only homecoming game Friday, September 27, at 7 p.m. It is also planning a fundraiser; for details call the school at (909) 389-2500.

Mentone Elementary School, 1320 Crafton Avenue, Mentone, is hosting a Festival on October 25, 2024 and a Healthy Choices program on October 28. Organizers are looking for community participants who have healthy recipes to share with the students. For more information call the school at (909)794-8610.

The American Pickers TV group is coming to California soon and is looking for Mentone collectors with unusual items they would sell. Call the Chamber at (909)-362-7248 for information on how to participate. When the American Pickers previously visited Mentone, they went to Pete Van Horn’s home on Garnet, where large statues of Paul Bunyan and a rooster grace the front yard; the Pickers purchased several collectibles.

The Chamber’s Sixth Annual Film Festival, promoting Mentone-area tourism, will occur on November 8-10 at the Portugese-American Club on Crafton Avenue. Tickets are $10 for each day, and shows are at 12:00, 2:00, 4:00 and 6:00 p.m. Attendees may stay through all films for that day, states Angie Grisafe DeLaRosa, one of the organizers. Sunday includes an evening red carpet event, when awards are given for winning films. Several celebrities, including three Grammy-nominees, are expected to attend. See, also, https://www.chamberofcommercementoneca.org.

Probably in February 2025, MACA – “Mentone Area Community Association” – will next host a program regarding the “kite-shaped” train track, which assisted in developing the Mentone area. MACA meets on the second Tuesday of the month when its programs are scheduled.

After several months of silence, the appellate recently stated that its decision on C.O.M.E.T.’s appeal of the Superior Court’s granting of Redlands’ Motion for Summary Judgment in C.O.M.E.T. v. City of Redlands, will be handed down “on or before October 1, 2024,” according to Joyce Caraway, C.O.M.E.T.’s attorney for the case. (Ed.’s note: A motion for Summary Judgment provides for the dismissal of the case without a trial and is based only on documents and oral argument.)

In January 2024 C.O.M.E.T. filed its Reply brief, responding to Redlands’ Opposition to C.O.M.E.T.’s Appellate Opening Brief. “The appeal addresses the errors in the trial court’s granting of a Motion which was designed to negate all of COMET’s allegations in its Complaints, but we believe failed to do so and thus the judgment was unsupported,” said Caraway. “We’re fighting Redlands’ takeovers of Mentone territory in a piecemeal fashion since 1888, continuing through its 1956 takeover through the middle of Mentone’s Section 7, out Mill Creek almost to Bryant, and its extortionate 1997 ordinance that requires annexation before Redlands will provide new water service from the wells underneath Mentone’s streets,” she added.

“We are scheduled to appear at a status conference in the trial court on October 7; what we do next in the case will depend on what the appellate court decides, she concluded.

Caraway is prosecuting the case pro bono (Ed.’s note: without charging C.O.M.E.T., which is a public benefit corporation that does not generate funds and has to borrow from the Chamber of Commerce. Interested residents who wish to support further court filings may donate to the Chamber at P. O. Box 246, Mentone, 92359, with the notation “for the lawsuit.”

On Saturday, May 18 from 11 a.m. to 3 p.m. Redlands United School District Family and Community Engagement Department will host its annual “Multicultural Fair Cultural Kaleidoscope” at Redlands East Valley High School 31000 East Colton Avenue.

Its poster* touts “activities for everyone, innovation showcase, opportunity drawings, live performances, food for purchase, and free pizza for school-age children.”

For more information contact the FACE Department at 909-307-5440, Ext. 43406. Admission is free.

*At present MM is unable to import posters.

Front-page headlines in the Mentone News newspaper on May 1, 1941: “Jack McClean Takes Bride,” Mildred Elizabeth Parker whom the article described as an attractive brunette and which gave considerable details, including who wore what. “Mill Creek Canyon residents Protest Higher Light Rates,” by the Nevada-California Electric Corporation. Some six months before Pearl Harbor and the U.S.’s involvement in World War II, “U.S. Defense Savings Bond and Postal Savings Stamps Go on Sale at Mentone P.O.”

“Opening of Wabash Avenue Tops List of Road Work which was performed from the Boulevard to Capri. “E. T. Torrence Dies Suddenly Sunday; Funeral Monday.”

“Proposed Mentone Lighting District Strikes a Snag,” in which someone had quoted a price per hundreds of assessed valuation, when the price was actually per thousands, so local residents were asked to fill out a questionnaire whether they wished to proceed and return it to the Chamber of Commerce. “Mrs. Jack Fox Suffers Painful Burns In Accident at Home,” in which her husband accidentally dropped a flaming skillet of bacon grease, which splattered her head and arms [Ed.’s note: ouch!]

“Maguets Sell Two Parcels of Land In Zanja Villa Tract,” on the south side of the Zanja and naming the new owners but not the addresses. [Ed.’s note: the Maguets were early developers in Mentone.] “Cecil F. Kitchen Home After Long Stay in Hospital” described a poultry farmer’s fall from a 30-foot ladder, his seven-week stay in the hospital and his and his wife’s enforced sale of his farm on the Zanja.

The Mentone News carried ads for Mentone businesses, such as the W.E. McMillan Mercantile Store, Alma B. Fox’s Violin Studio, Dr. R.M. Finfrock, osteopath, Steve’s Barber Shop, the Mentone Pharmacy, the Mentone Beauty Shop, American Dry Cleaners, and Lehmann’s Market next to the Post Office.

The March 19, 1942 Mentone News contained somewhat different stories: “Bob Hallett Leaves For Service in U.S. Air Corps,” [Ed,’s Note: that was later to become the U.S. Air Force]. He was described as a “Mentone boy” who “has the stuff in him to make a fine aviator,” etc. “Several from Mentone Included in Third National Draft Lottery” described 99 Mentone men and their serial numbers. “Mrs. Wright Making Improvements on New Property” described changes to the Flower building on the Boulevard; no address was given but the changes included access to a ground floor apartment in the rear of the building and the garage was stuccoed. “Juyn Neeley to Become Senior Typist at Washington” described a local girl from Tourmaline Avenue going to work at U.S. Government headquarters. A box contained “MENTONE, the Most Healthful Spot in California.”

The column “Here and There,” described “Harold M. Price signing 30 questionnaires giving the life history of the Mentone air raid service block wardens. They are to be filed with the sheriff’s office,” and “Miss Edna Renwick assisting thet (sic) Redlands draft board in compiling the thousands of names of men who registered in the call for men between 20 and 44 years.” “Hertel Aids Local Chicken Men in Efficiency Methods” detailed a meeting at a poultry plant on Turquoise Avenue, in which local poultrymen were educated as how to increase production by 20%, “requested by the government as a wartime measure.” A back-page article was headed “Defense Council Gives Information On Bomb Shelters.”

Other articles detail children’s having recovered from mumps and measles, new tables at the Woman’s club for Husband’s Night, a unique strawberry bed (in a barrel), and the closing of Clark’s Grade by snow and in the summer later by the board of supervisors in an attempt to forestall sabotage leading to fires.

Back-page ads touted Sunshine Jersey dairy, McKee’s Market, Buying United States Defense Bonds and Stamps, and the Mentone Chamber of Commerce, who promised “Sunshine, Health, Opportunity,” in the “Fastest Growing Community in the County” because of “no fog, no city taxes, no smudge, cooler in summer, warmer in winter, cheap acreages, unlimited water.”

Only one of the business ads in either paper gave a physical address!

A pithy bit of wisdom in a filler stated “When God created man, he gave him two ends–one to sit on and one to think with. Ever since then man’s success or failure has been dependent on the one he used most. It has always been and is now a case of heads you win–tails you lose.” MM

The MACA meeting scheduled for May 14 has been postponed, due to the participants not being available. The new date will be announced later.

The Mentone Chamber of Commerce will meet on May 28, just after the C.O.M.E.T. (Community of Mentone Empowered Together) meeting at 7 p.m. in the Mill Creek Cattle Company’s banquet room.

Please come to the chamber meetings and support Mentone in our fight to stay out of Redlands’ city limits. Updates on our lawsuit are presented monthly at the C.O.M.E.T. meeting.

Reminders: Mentone Days and Chili Cookoff June 1, 11 a.m. to 3 p.m., at the Sandals Church, 1325 Amethyst Ave., Mentone. Casino Night at Mill Creek Cattle Company in September, the exact date to be announced. Our Film Festival in November, around Veterans’ Day.