A Superior Court Judge on Feb. 5 ruled to dismiss the county's lawsuit against Upland, Caltrans and San Bernardino Associated Governments.
The San Bernardino County Board of Supervisors have met in five closed session meetings to decide if they will appeal the decision.
They have until March 12 to decide.
Their next closed session meeting is scheduled for March 8.
In November 2006, the county agreed to pay Rancho Cucamonga-based developer's investor group Colonies Partners LP $102 million to settle a lawsuit over flood-control improvements at the developer's 434-acre residential and commercial development site in northeast Upland.
In November 2004, the county sued Upland, Caltrans and SanBag, arguing that they were partially responsible for the liabilities the Colonies were alleging the county and the flood control district were responsible for.
The superior court judge ruled in favor of prosecutors' arguments that the March 2011 guilty plea from former Board of Supervisors Chairman Bill Postmus voided the settlement and the county's lawsuit against Upland, Caltrans and SanBag.
Postmus admitted to accepting a bribe for his vote in favor of the settlement.
The council also discussed a lawsuit from The Inland Oversight Committee regarding the Walmart Neighborhood Market.
Reach Andrew via email, call him at 909-386-3872, or find him on Twitter @InlandBizz.