The group filed a writ of mandate<\/a> against the city and Community Development Director\/Assistant City Manager Jason Killebrew in Orange County Superior Court on Sept. 29.<\/p>\n The suit largely surrounds text message conversations between Killebrew and local developer Dwight Manley and the pair\u2019s discussions about creating the Costco store and gas station development.<\/p>\n Beginning in the early 2000s, Manley became a major investor in the revitalization of Downtown Brea. His latest venture is a Costco<\/a> on 200 and 250 S. Kraemer Boulevard.<\/p>\n According to Brea4All\u2019s review of public records cited in legal filings, communications between Manley and Assistant City Manager Killebrew began months before the council released its official economic development agreement.\u00a0<\/p>\n The group is claiming that the text message disclosures are incomplete, missing time stamps and aren\u2019t in chronological order, making the public records difficult to interpret.<\/p>\n Brea4All\u2019s ongoing litigation seeks an order requiring the city to produce the outstanding records and to pay the costs of the lawsuit, including attorneys\u2019 fees.<\/p>\n \u201cThe City produced incomplete and scrambled PDF screenshots of the messages, despite [our] demand for sequential messages in their native format,\u201d reads the petition<\/a>. \u201cThe City\u2019s refusal to produce complete correspondence in a legible format undermines the CPRA and California\u2019s policy of government transparency.\u201d<\/p>\n Initial scrutiny emerged following the approval of a 50-year Economic Development Agreement<\/a> that would direct a majority of Costco\u2019s generated sales tax to Manley and his trust.\u00a0<\/p>\n Over the 50 years, Manley would get about $77 million of generated tax revenue, while the city would receive about $50 million over the same time period. Another $7 million would go to the city\u2019s senior center.<\/p>\n The city would not receive a majority of the generated sales tax until year 30 of the agreement.<\/p>\n In an email to Voice of OC, Manley said the project will be a great benefit to the city, adding that he\u2019s receiving a large portion of the revenue because of his substantial investments to get the project started in the first place.<\/p>\n \u201cWith Costco, we have an amazing community benefit that also will provide long term financial benefits to the City, as well as 5% annually for the Brea Senior Center to continue providing well past my lifetime,\u201d he wrote.\u00a0<\/p>\n \u201cThere is tremendous benefit,\u201d he added. \u201cAnd if I and Costco were not investing over $100,000,000, this would not be possible.\u201d<\/p>\n Brea4All claims in their writ of mandate that the public was denied meaningful access to information about the negotiations and the city\u2019s decision-making process before the city council approved the agreement.<\/p>\n Legal filings also claim the records released are \u201cmissing key portions of Mr. Killebrew and Mr. Manley\u2019s correspondence.\u201d<\/p>\n Liz Pharis, public information officer for Brea, didn\u2019t offer many specific comments regarding the case.<\/p>\n \u201cThe City [of Brea] has no additional comments to offer at this time,\u201d she wrote in an email, adding that to date, the city has \u201cprovided responses related to the Public Records Act request and supplied over 15,000 pages of records, which was previously reported by the Voice of OC in a September 2, 2026 article<\/a>.\u201d<\/p>\n According to public records reviewed by Voice of OC, on May 5, 2025, Manley texted Killebrew expressing his interest in acquiring the property and developing a Costco store alongside a major housing development on an adjoining property.<\/p>\n After saying he would meet with property owner Hines that same day, Manley texted Killebrew, \u201cI want Costco!!\u201d and \u201cHines owes me big time.\u201d<\/p>\n The legal filings allege that on the following day, Manley exchanged emails with Killebrew about the property\u2019s layout and potential truck routes for the proposed Costco. Also on May 6, Phil Berry of Commercial West Brokerage, Inc<\/a>., submitted a letter of intent to Hines on Manley\u2019s behalf expressing his interest in purchasing the property, according to the legal filings.<\/p>\n Brea4All argues that the city\u2019s interactions with Manley warrant examination because Manley was not a bidder in the formal sales process.<\/p>\n The group alleges that, after Hines entertained proposals from finalist bidders, the city\u2019s communications focused exclusively on Manley, even though other parties had expressed interest in developing a Costco.\u00a0<\/p>\n \u201cCostco agents decided in the onset after talking that they were only going to work with me, and no other bidders were even calling them, so that was a simple issue,\u201d Manley wrote in an email. \u201cIn the bidding process, there is no obligation for a city to tell other bidders what the competition is doing, so that really isn\u2019t anything to explain.\u201d<\/p>\n At an April 27 meeting with Mayor Cecilia Hupp, Killebrew and Brea4All members, Killebrew reportedly stated that the city had not discussed a potential tax-sharing agreement with property bidders, according to the petition.<\/p>\n The legal petition argues that the available communications raise questions about whether Manley received unique access to city officials and whether the city adequately considered other potential developers or proposals.<\/p>\n Will Brea Hand Over More Public Records?<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/11\/Costco-Brea-Leopo-2026-8134.jpg\")
The proposed site of a new Costco along S. Kraemer Blvd. in Brea. Credit: JULIE LEOPO, Voice of OC<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/11\/IMG_1380.jpg\")
Brea\u2019s civic center on Aug. 11, 2026. Credit: ANGELINA HICKS, Voice of OC<\/p>\n