Of the three claims that Roque de la Fuente sued the city over, the Supreme Court’s decision to not hear his appeal has essentially killed two off, while another claim was ordered back to trial.

A trial date for the third claim, which represents de la Fuente’s charge that the city violated a development agreement for the developer’s Otay Mesa business park, has not been set, said Kris Wilkes, the city of San Diego’s outside counsel.

The remaining claim represents $29.2 million of the $94.5 million total sought by de la Fuente. Although, the stakes have risen substantially with interest and court costs, driving the new total price tag of the dispute closer to $150 million.

Wilkes said the case is being overseen by Judge Linda Quinn at San Diego Superior Court. The city will try to avoid a trial by arguing to the judge that the statute of limitations has expired in the case, Wilkes said.

“We’re hoping to knock it all out on paper so we don’t have to go to trial,” she said.


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