City Attorney Mike Aguirre has requested that the California Supreme Court decertify an appellate court ruling that proved crucial in a judge’s dismissal of Aguirre’s pension case earlier this month.
The request is one of the many options Aguirre has said he will pursue since the case was thrown out.
The recent case, known as Brandenburg v. Eureka Development Agency, stated that the statute of limitations for a conflict-of-interest case similar to the one Aguirre filed expires after one year. Judge Jeffrey Barton ruled on Aug. 3 that, in light of the Brandenburg case, the city attorney would have had to file his litigation in 2003. Aguirre, who took office in December 2004, filed the lawsuit in July 2005.
In his letter to the state Supreme Court, Aguirre said the Brandenburg case runs contrary to a recently passed law that sets the statute of limitations at four years. That law does not go into effect until 2008.