Half Moon Bay Loses
December 4, 2007
Half Moon Bay City Council
Subject: Yamagiwa Lawsuit and Judge Walker ruling of November 28, 2007
The recent Yamagiwa decision is a watershed for our coastal community. It appears that Judge Walker supports the property owner on all issues. Now is the time for leaders of Half Moon Bay to reconcile the reality of the law with their perceptions of past actions.
Judge Walker’s decision will have a lasting effect on our coastal community. The imminent actions or inactions of this Council over the next 23 days, will critically impact our coastal community forever. Whatever this Council decides to do will ultimately have to be explained to the community, and the sooner the better.
I urge each of the Council and staff, if you have not yet read, please read the 167 page Findings of Fact and Conclusions of Law from Judge Vaughn Walker. If this Council continues to rely only on Myers and Nave, I believe the Council is putting our city at increasing risk.
Please compare the conclusions from Judge Walker with the City’s 3 page press release and court positions. If one tries to reconcile the two positions, one quickly realizes the breadth and depth of the gulf between the two positions. I am not a lawyer, but it appears that the central disagreements are
On existence of wetlands pre Terrace Avenue Assessment District—TAAD,
City says flooding and wetlands were present pre-TAAD, Judge states “The City’s primary defense regards the factual question whether wetlands on Beachwood pre-dated TAAD, an issue that favors Yamagiwa, not the City”
On whether the owner requested the city to form TAAD,
City says TAAD was requested by property owner, Judge notes this consent defense fails
On the City causing wetlands on Beachwood with TAAD construction ,
City says not, Judge says City was responsible
On failing to establish the City’s other defenses (consent, statute of limitations, mitigation of damages, and Bolsa Chica),
City maintains defenses, Judge says all other defenses fail
On determining damages,
City offers $30.996M, Plaintiff offers $36.795M, Judge rules $36.795 M
So what can we observe in summary?
This HMB Council very quickly needs to take a fresh look at the many legal, financial, and possible negotiation options to resolve this dire situation. Leaders learn from mistakes, make corrections, and act.
Most of our coastal community wish to help this Council, but lacking any ground truth or stipulated facts we are unable to do so. If this Council continues to follow the same path and policies that prior Councils have promulgated regarding these issues with Yamagiwa, and as described in Judge Walker’s comprehensive and very detailed review of the past 25 years for just one property, our community confronts a very bleak future.
CPR remains hopeful for a thorough and fair resolution of these many grave and recurring problems for our community, and hopeful for the many other coastal property owners that also have land use issues and problems.
CPR stands ready to help the community.
Respectfully yours,
Terrence D Gossett
President, Californians for Property Rights
Download a pdf version of the above letter.