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Wednesday, April 22, 2009

Judge’s Final Ruling Upholds Conservancy Position on Funding Use for Its Parks Plan

• Overnight Camping War of Words Is Expected to Resume

BY BILL KOENEKER


A Los Angeles County Superior Court judge issued his final ruling this week in favor of the Santa Monica Mountains Conservancy, reaffirming a tentative ruling that turned back a homeowner group’s allegations that the state agency improperly utilized bond funds for a controversial public parks plan that includes overnight camping.
Stating that the “objections” filed by the homeowers “are without merit,” Judge Richard Wolfe finalized his conclusion in favor of the Conservancy and its enforcement arm, the Mountains Recreation and Conservation Authority.
Wolf concluded, “The plan developed by the grant is authorized by statute.”
The judge overruled objections filed by a group of Malibu homeowners against his preliminary decision in the case known as Herbert Jere Robings et al. v. Santa Monica Mountains Conservancy et al., and sided with the SMMC and MRCA that they were within their rights to prepare and submit a plan to the California Coastal Commission for building improvements in Ramirez, Escondido and Corral Canyon parks, including overnight camping.
The Conservancy’s park improvement plans in the coastal canyons ignited the opposition of Malibu residents and homeowners who attacked the SMMC on several fronts, including the lawsuit, insisting that Malibu city officials take up the battle with the SMMC over what they considered the onerous aspects of plan, especially the camping.
The lawsuit was filed over two years ago, after the state agency held public hearings and voted to apply to the CCC to approve a public works plan to increase park access, improve facilities, connect trails and increase activities at Ramirez Canyon Park, where the SMMC is headquartered.
Malibu city officials and the SMMC both submitted what is called a Local Coastal Program Amendment to the Coastal Commission. The Conservancy then surprised municipal officials by submitting an override to the city’s LCPA. All of the submittals will be heard at the CCC’s hearing at its June 10-12 meeting in the Los Angeles area.
The chair of the Conservancy, Ronald Schafer, said it is now time to get back to business. “While the Conservancy fully expected Judge Wolfe to confirm his earlier decision, we are glad to get back to the public business of preserving parkland and making it accessible to all the citizens of California,” he said.

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