‘At least let us go back and try the case,’ the plaintiff’s lawyer urged the judges, a year after a lower court dismissed it.
Eight years have passed since the San Diego City Council approved then-Mayor Kevin Faulconer’s 20-year lease-to-own plan to acquire the former Sempra Energy office tower at 101 Ash St.
But lawyers for the city of San Diego, along with its former landlord and lender, defended the arrangement. The Gordon lawsuit is moot because the city settled its own case against the companies, and Superior Court Judge Joel R. Wohlfeil properly dismissed the Gordon suit last year, they said. The long-running 101 Ash St. saga, which has roiled San Diego politics for years and cost taxpayers hundreds of millions of dollars for a building that cannot be used due to asbestos and other issues.
Faulconer had cited the same section of the state constitution when he decided to suspend monthly lease payments on the building in September 2020. By that time, San Diego had paid some $24 million in rent and tens of millions more on renovations to the building. After the city leased the building, it began renovations aimed at increasing how many people could work in the 19-story office tower.The construction also uncovered a slew of problems with the mid-century high-rise’s infrastructure, including its elevators, fire-suppression system, heating, plumbing and other mechanical systems.Records later showed that Sempra Energy executives had concluded the building was “functionally obsolete” in 2014, a year before the company vacated the building.
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