El Cajon sues over Home Depot case

The city has sued a state commission, alleging it unfairly quashed Home Depot's plan to build a store just outside city limits.

El Cajon is asking a judge to set aside a decision by the San Diego Local Agency Formation Commission that blocked the project. It also is seeking monetary damages and attorney fees and costs.

Home Depot wants to build on 14 acres it owns on East Main Street.

The city asked the commission to allow the property to be transferred from the county to the city, a necessity before Home Depot can build the store. The commission denied the request in a 5-3 vote at its June meeting.

A week later, the city announced its plans to sue.

In a lawsuit filed Friday in San Diego Superior Court, El Cajon says the commission “acted in an arbitrary, capricious, and discriminatory fashion” and disregarded evidence supporting the land transfer.

The action deprived the city of its due process rights and tax revenue, the suit states.

Home Depot, San Diego County, the Lakeside Fire Protection District and other special districts are named in the suit as parties of interest.

The commission is an independent agency but will be represented by county counsel.

Ellen Pilsecker, an attorney for the county, said yesterday she could not comment because she had not see the suit. Evelyn F. Heidelberg, an attorney hired by the city, said the commission should receive the suit this week.

The city and Home Depot take issue with the commission's decision, which was based on whether the 14-acre site is “substantially surrounded” by El Cajon.

They say the commission should have approved the annexation because the property is 68 percent surrounded by the city.

The commission determined that the land was not substantially surrounded.