Ratepayers will bear expense of Abatti case

IMPERIAL — The three-year legal battle between local farmer and former IID Director Mike Abatti and the Imperial Irrigation District over the IID’s Equitable Distribution Plan continues to be quite expensive.

IID, which lost the case in trial court in 2017 before appealing the judge’s ruling, has spent well more than $2 million to date, and that amount is growing.

The Third District Appellate Court heard arguments June 12 on IID’s appeal, but has yet to rule on the matter.

The money invested so far does not include Abatti’s court and attorney fees that the court has ordered the district to pay.

By order of the trial court, Abatti was awarded $307,643 in attorney fees and $25,062 in costs. However, those orders were appealed by IID and cross-appealed by Abatti.

Due to the appeals, those awards have not been paid.

The more than $2 million also would not include costs and attorney fees for the June 11 appeal hearing, though if justices rule in favor of the district, the fees Abatti incurred during the appeal process would not be subject to reimbursement.

The justices took the court costs and attorney fees under advisement after the attorneys for Abatti requested the fees.

However, if the district does win its appeal, it will not be able to recoup its own attorney fees.

“There are a spectrum of outcomes that could occur in the appeal,” said IID Public Information Officer Robert Schettler. “However, IID cannot recoup attorney fees, but may be able to recoup court costs, if it desires.”

IID cannot recover attorney fees because there is no statute applicable to the position IID is in currently under this case, which is defending its statutory discretion to adopt the EDP.

IID is appealing some costs that were awarded, and Abatti is cross appealing with some costs that were not awarded.

There are two appeals -- the merits appeal and the attorney fees and costs appeal. If Abatti is successful in both appeals, the amounts awarded by the trial court could be the same or be adjusted by the appellate court.

And the more than $2 million IID has spent on the case will be passed on ratepayers, the district announced.

And the court costs will likely continue to mount.

Regardless of justice rule in IID’s appeal, the side that loses could appeal that decision to the California Supreme Court.