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Colantuono also said that publication of the appellate court's decision was
being sought. If that were to occur, it may make the footnote useful in the
San Diego TMD case, he said.
Briggs, counsel for San Diegans for Open Government, did not respond to
a request for comment.
The San Diego TMD has argued that San Diegans for Open Government
has no standing to challenge the hotel assessments.
A summary judgment/adjudication hearing is scheduled for Oct. 16 before
San Diego Superior Court Judge Joel Wohlfeil.
If summary judgment or adjudication in favor of the defendants is not
granted, the San Diego TMD has moved that the trial be bifurcated.
It has requested that its affirmative defenses, such as San Diegans for
Open Government's alleged lack of standing, be tried prior to a trial on the
merits.
A trial is tentatively scheduled for Nov. 6.
lyle_moran@sdtranscript.com