Lawsuit greeted as a wet beach blanket
PCH — Residents here Friday filed a lawsuit against City Hall in an effort to block the construction of a public beach club at the old Marion Davies Estate.
Members of the Palisades Beach Property Owners Association and resident Jonathan Ornstein accuse City Hall of failing to address several potential environmental impacts caused by the redevelopment, while omitting others from an environmental study, according to a complaint filed in Los Angeles Superior Court.
They also charge City Hall with violating Proposition S, which prohibits the construction of food service facilities over 2,000 square feet along the beach. The proposition, which has several provisions, was designed to prevent massive development along the beach.
The project, which will be funded through a $28 million grant from the Annenberg Foundation, will preserve and restore existing portions of Lawsuit kicks up sand the estate while adding elements to benefit the public, including public meeting rooms, an expanded beach house, a pool, cafe and expanded areas for beach activities.
The City Council approved plans in May for the public beach club, to be located at 415 Pacific Coast Highway. At that time, a small group of residents opposed to the project requested that the City Council agree to a list of demands dictating the operation of the beach club. They said they were concerned that if the club began to lose money, the council would cut back on security and maintenance to the facility. There also was concern about installing a traffic light at the club’s entrance off of the PCH. Without a guarantee of a traffic light or a contract locking in operations at the club, residents said they would file a lawsuit.
The council refused to meet their demands, however, the council did show signs of good faith, approving a law that would make it easier for residents to sue City Hall if projects failed to meet conditions of their operating permits.
The council also instructed staff to immediately file an application with the California Department of Transportation to install a traffic signal at the site. So far city staff has had discussions with Cal-Trans, and there is word that a signal is close to being installed.
Supporters said they worry that if there is a delay caused by a lawsuit, that could lead to Annenberg pulling out of the project, taking its money too. Without the foundation’s help, many say the project will fade away.
It is unclear how the lawsuit will effect construction of the beach club.
Bill Delvac, the attorney representing the property owners, could not be reached for comment.
Joel Brand of Friends of 415 PCH, a grass-roots organization that formed in support of the beach club, called the lawsuit frivolous and had harsh words for the small group of property owners trying to block the project.
“These four neighbors have kicked sand in the face of the public,” he said. “Their enormous wealth has turned them into modern day beach bullies who use lawyers in suits to try and keep the rest of us off what they consider their beach.”
Originally published in the Santa Monica Daily Press print edition on June 24, 2006. Read the original PDF.