A Creek Road property owners’ long-standing dispute over alleged property rights recently prompted a $1.2 million claim for damages, which has been denied by the city.

George and Helen Wu, who own property next to City Councilwoman Betty Rexford, allege that Rexford and four top former and current city employees are responsible for a complicated dispute dating back to July 1999 regarding whether utilities on their property should be placed underground, and who should pay for the work. The Wus contend the work and its payment were required under an agreement between the city and the Corky McMillin company, which was building a residential subdivision down the road.

They also claim the city has “wrongfully prevented Claimants from grading and developing their property, even though the City Engineer signed the permit.”

As was the case in a 2007 civil lawsuit involving two other Rexford neighbors, the Wus, in their Feb. 11 claim, allege that Rexford “used her official status and position with the City of Poway to wrongfully interfere ...” with their project. However, the bulk of the allegations in the Wus’ claim center on the actions of others — most notably former City Manager Jim Bowersox — along with former City Attorney Steve Eckis, former City Attorney Tamara Smith and then-Assistant City Manager Penny Riley, who is now city manger.

Rexford said last week she has not spoken to the Wus in years and that the first she knew of the dispute was in 2003, when a contractor for the Wus dug a trench in her backyard while she and her husband were on vacation. The digging damaged water and power lines, Rexford said. She said she and her husband recovered part of the cost of damages from the Wus in small claims court.

Contacted last week, Bowersox said he had not seen the claim. He speculated that the timing of the claim was designed to capitalize on the city’s settlement last summer of a civil lawsuit against Rexford and several city employees. He said Rexford had no involvement in the city’s dispute with the Wus.

The civil lawsuit, which claimed in part that Rexford used her influence to impede the construction of two homes, was settled out of court last August for $495,000, including legal fees. During the settlement announcement, the other four City Council members asked Rexford to consider resigning from office. Rexford declared she had done nothing wrong and refused to resign, leading to a successful recall petition drive which has placed Rexford’s future on the council on the June 8 ballot.

The Wus sought $500,000 in damages for the alleged reduction in the value of their property, general damages of $500,000 for “unlawful harassment, discrimination and violation of Claimants civil rights,” and $100,000 each to each of the Wus for personal injuries and damages to health.
The claim filed by the Wus was rejected on Feb. 26 “because it was not presented within six (6) months after the event, occurrence, or other date of accrual of the cause of action as required by law,” according to Pete McNulty, who is with the claims management company used by the city.
Submission and routine denial of claims against a city are often the required first steps toward the filing of a lawsuit.