Today the State, in the lawsuit between the City of Susanville and CDCR, for the closing of the California Correctional Center, is asking for Judge Moody to decide by noon or threatens to seek relief from the appellate court. According to the State’s September 2nd filing, failure to remove the preliminary injunction and dismiss the City’s case would disregard the law and claims the court is abusing its discretion. They are also calling out the City for not identifying any authority that prevents CDCR from closing CCC and removing any statute that removes CEQA compliance in prison closure. The very argument the City has rested its case. The State strongly argues that is because “none exists.” The State even went as far as claiming by continuing this case; the court is forcing the department to violate the law by not complying with legislative action to close CCC and threatening without dismissal of the case, the department will have no choice but to seek relief from the Court of Appeal.
City Counsel argues against this and says CDCR’s involvement in drafting AB200 is a direct violation of abuse of the legislative body and asks the court to change the proceedings into a full evidentiary hearing to bring forward subpoenaed CCC staff to attest to the department’s involvement for their benefit.
If the judge agrees with the State today, he may issue a written decision that will solidify the closure of CCC and end the year-long fight from the City of Susanville to keep the prison open; if he feels the City has merit in its findings, a future hearing may be set. An answer is hopeful by noon today.
