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Complaints filed in West Park battle Print E-mail
Written by John Saiz / Patterson Irrigator /   
Wednesday, 09 January 2008

Local activist group WS-PACE.org fired another volley this week at the would-be developer of the Crows Landing Air Facility, filing three complaints against past and present representatives of the project’s proposer.

Two complaints targeted law firm Neumiller & Beardslee, and one complaint named consultant D.J. Smith. The complaints stated that the law firm and Smith also represent government agencies that affect the proposed PCCP West Park project and have worked with West Park lead developer Gerry Kamilos. Members of WS-PACE, a group of West Side residents opposed to the West Park project, said they filed the documents with the Fair Political Practices Commission and the State Bar of California.

Neumiller & Beardslee attorneys represent the Stanislaus Council of Governments and San Joaquin Council of Governments. The councils are regional bodies that mainly oversee transportation issues. Both councils have supported West Park in the developer’s pursuit of state dollars to partially pay for the project.

Neumiller & Beardslee attorneys have also represented Kamilos on a Stockton project. 

“At no time did Neumiller & Beardslee disclose the obvious conflict of interest of serving both the government agencies and the project proponent,” WS-PACE president Ron Swift wrote in a statement.

Thomas Shepard, an attorney for Neumiller & Beardslee, said his firm does not represent West Park, though he earlier represented Kamilos on the Mariposa Lakes development.

However, Swift’s complaint includes a list he said Kamilos had given to the county of West Park representatives. The list names Neumiller & Beardslee as West Park’s legal council.

Shepard said the only connection he has had with the West Park project is answering a few water-related questions. He said one conversation did not imply a relationship with the developer.

“We have not represented West Park,” Shepard said.

D.J. Smith is a consultant for both San Joaquin Council of Governments and West Park. He did not return phone calls this week.

The complaints are the latest move by WS-PACE to quash plans for a 4,800-acre industrial center on and around the county-owned former Crows Landing naval airfield. The project would include an inland port that would link to the Port of Oakland via short-haul rail.

“This is just another one of those scatter-gun tactics,” said West Park representative Mike Lynch. “Every time we make progress, something like this comes up.”

Swift said WS-PACE had considered filing the complaints since November, when West Park went before StanCOG to get its support in seeking state money.

At that meeting, WS-PACE members learned that Neumiller & Beardslee had represented Kamilos.

“From a legal standpoint, it would be all right if they — Neumiller & Beardslee — excused themselves,” Swift said. “But in that Nov. 14 meeting, they were there, representing StanCOG, when Kamilos had business before the board. We think that’s wrong.”

To reach John Saiz at the Irrigator, call 892-6187 or e-mail him at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 

 

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