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I had recorded against the Lynch Property in February 1998. Nevertheless, on that same day, <br /> 2 May 27, 1998, San Joaquin County Code Enforcement began evaluating the Lynch Property <br /> 3 for eligibility for AB 2136 (Solid Waste Disposal and Codisposal Site Cleanup Program) <br /> 4 funding. <br /> 5 6. With full knowledge that Delta Funding never occupied the Lynch Property or <br /> 6 disposed of or permitted the disposal of solid waste on the property, SJEHD, on or about July <br /> 7 16, 1998, sent a"Cease& Desist"letter to Delta Funding directing it to cease and desist from <br /> 8 the unauthorized disposal of solid wastes on the Lynch Property and to remove all solid <br /> 9 wastes from the property both aboveground and belowground. <br /> 10 7. Although Delta Funding has never operated a solid waste disposal facility at the <br /> 11 Lynch property, or allowed or permitted the disposal of solid waste and debris at the property, <br /> 12 and maintained indicia of ownership in the Lynch Property to protect its security interest, on <br /> 13 April 10, 2000, SJEHD issued Notice & Order No. 00-01 to Delta Funding, under Public <br /> 14 Resources Code sections 45000,45005 &45011. <br /> 15 8. As a result of SJEHD's insistence that Delta Funding is operating an illegal <br /> 16 solid waste facility and is responsible for investigating and removing subsurface solid and <br /> 17 hazardous waste allegedly buried at the Lynch Property, and as a result of SJEHD's <br /> representations to that effect to prospective purchasers of the Lynch Property, Delta Funding <br /> 18 <br /> has been frustrated in its several efforts to sell the property. <br /> 19 <br /> 20 9. On or about January 3, 2001, Delta Funding entered into an agreement for the <br /> 21 sale of the Lynch Property to All Valley Packing Company ("All Valley") whose efforts to <br /> conduct due diligence were stymied by SJEHD's failure and refusal to provide it with <br /> 22 <br /> information concerning the regulatory status of the Lynch Property. As a result, All Valley <br /> 23 <br /> did not purchase the property. SJEHD's acts and omissions have resulted irk* Lyl�i <br /> 24 d <br /> Property being in"regulatory limbo", making it impossible for Delta Funding to eller, rn <br /> 25 '" c� <br /> -to i <br /> 26 //// - �otn <br /> 27 <br /> 28 <br /> Q <br /> 3 <br /> CLAIM FOR DAMAGES <br />