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required to prepare any required environmental impact studies.
The second lawsuit was filed on October 16, 1987, and sought to
require the Raiders to return the initial $10-million advance to
Irwindale.
In an amended answer dated March 21, 1988, the Raiders
alleged: “the City of Irwindale * * * [has] paid the Raiders
$10 million pursuant to that Agreement [Irwindale MOA], and that
the Raiders are entitled to retain that money whether or not the
stadium is built.” In a Memorandum of Points and Authorities
(the memorandum) filed in response to a Motion for Summary
Judgment, Irwindale alleged: “regardless of what happens, the
Raiders are permitted to keep the $10,000,000”.
The environmental impact report was completed on January 12,
1989, and the preemptory writ of mandate was discharged on
February 17, 1989. During the time the preemptory writ of
mandate was in effect, circumstances relating to the Irwindale
MOA changed as follows: (1) Bond interest rates increased from
9 percent to more than 11 percent; (2) Los Angeles County refused
to lease Irwindale land adjacent to the proposed site to be used
for parking; (3) a second site for the stadium was required to be
selected; and (4) another environmental impact report was
required for the second site. In September 1988, the California
legislature passed a bill that prohibited Irwindale from using
general obligation bonds to construct a stadium that Irwindale
would then turn over to any private company, such as the Raiders;
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