Brentwood School Asks Court to Toss Out Ruling Voiding Its Lease of Veteran Land
Elite Private School Files Brief with 9th Circuit Court of Appeals
In a move that has alarmed veterans, Brentwood School is asking an appeals court to toss out a judge’s order voiding its lease for the land where it maintains extensive athletic facilities.
Attorneys for the School Argue Judge Misinterpreted the Law
Attorneys for the elite private school filed a brief with the U.S. 9th Circuit Court of Appeals arguing that District Court Judge David O. Carter misinterpreted the law in his final judgment voiding the remainder of a 10-year lease for over 22 acres of the U.S. Department of Veterans Affairs’ West Los Angeles campus.
Settlement Agreement at Stake
A spokesman for veterans who are suing the VA over use of the land said they feel blindsided after negotiating a settlement with the school that would allow it to remain on the land while expanding veterans’ access to the athletic facilities and providing additional rent and services.
Veterans’ Frustration
“They are absolutely furious,” said Rob Reynolds, an Iraq war veteran who testified in the trial on the struggles of veterans seeking housing and advocates for them.
School’s Statement on the Issue
In a statement, the school downplayed the wording of the brief and reaffirmed its commitment to the agreement.
School’s Board Chairman’s Comments
The school’s board chairman, Adam Cohn, acknowledged that the legal filing should have made it clearer that the school had a deal with the plaintiffs that it supports.
Veterans’ Skepticism
But Reynolds said the veterans are skeptical.
Veterans’ Attorney’s Comments
“They can make public statements. That means absolutely nothing,” he said. “What means everything is what they wrote in that brief.”
Background on the Case
Carter found that the Brentwood lease, as well as those for UCLA’s baseball stadium, parking lots, and an oil well operation, failed to meet the legal requirement to “principally” or “predominantly” benefit veterans and their families.
Timeline of the Case
* 2022: Veterans filed a lawsuit challenging the leases and asserting an unmet need for permanent housing on the campus.
* August 2022: Trial was held, and Carter issued a ruling that the leases were invalid and ordered the VA to produce 750 temporary and 1,800 permanent housing units on the campus.
* Before issuing final judgment, Carter held a series of hearings and visits to the campus to identify specific parcels where the housing could be built and urged the leaseholders to negotiate with the veterans on new lease terms.
* The school reached a settlement with the veterans that would have increased its rent to $1 million, with cost-of-living increases, required several payments totaling $5 million, and expanded the hours veterans could use its athletic facilities.
* VA’s attorneys objected to the settlement and appealed the judgment.
Next Steps
The school’s brief is expected to be followed by a response from the veterans’ attorneys, with a hearing set for April. The plaintiffs have until February 17 to file their brief.
Conclusion
The outcome of this case remains uncertain, with the 9th Circuit Court of Appeals set to review the ruling. The school’s decision to challenge the ruling has left veterans feeling frustrated and skeptical about the school’s commitment to the settlement agreement.
FAQs
* What is the issue at hand?
The issue is whether the Brentwood School’s lease for the land at the U.S. Department of Veterans Affairs’ West Los Angeles campus is valid.
* What is the history of the case?
The case began in 2022 when 14 veterans filed a lawsuit challenging the leases and asserting an unmet need for permanent housing on the campus.
* What is the school’s position?
The school is arguing that Judge Carter misinterpreted the law and is seeking to have the ruling overturned.
* What is the next step?
The school’s brief will be followed by a response from the veterans’ attorneys, with a hearing set for April. The plaintiffs have until February 17 to file their brief.
