The judge denied the city's request to set side the verdict involving a development agreement with Roque de la Fuente, developer of the BorderBusiness Park in Otay Mesa.
The city asked that the verdict and award be set aside and a new trial date set. Officials alleged that the judge had a personal relationship with the plaintiff's legal representation. Although the judge stepped down from the case, the city claims the relationship tainted the outcome.
De la Fuente, arguing that the stall tactics could cause the award to balloon to $128 million, will bring his case back before Orange County Superior Court Judge Raymond Ikola this week.
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