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Folsom council votes to defend litigation and not to appeal Delft verdict

City of Folsom City Council · March 11, 2026
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Summary

After closed session the City Council authorized legal counsel to defend an ongoing lawsuit and voted unanimously not to seek appellate review in Delft v. City of Folsom tied to the 603 Sutter development, city attorney reported.

The Folsom City Council on March 10 reported two closed-session actions: it authorized legal counsel to defend the litigation discussed in closed session and unanimously voted not to pursue appellate review in Delft v. City of Folsom, a dispute arising from the 603 Sutter development project.

The city attorney told the council the votes were unanimous. "On item number 1, the city council voted unanimously to give approval to legal counsel to defend the litigation referenced in that agenda item," the attorney reported. On the second item, the city attorney said the council "voted unanimously to refrain from seeking appellate review of the trial court's decision in the Delft versus City of Folsom matter."

The report did not provide additional legal analysis or the trial court's opinion; staff and the city attorney declined to discuss litigation strategy in public beyond the formal votes. No motions or roll-call details beyond the unanimous outcome were offered during the public session.

Because the decision not to seek appeal forecloses further appellate review unless a new action is filed, the council's choice closes that route of legal challenge for the municipality at this stage. The council did not provide an implementation timeline or next procedural steps during the meeting.