|
Bahia won't have to dredge lagoon
Reversing 14 years of previous rulings, Marin Superior Court Judge Michael Dufficy said Thursday homeowners will not be required to dredge the lagoon that links the 288-home subdivision to San Pablo Bay. In an evidentiary hearing, Dufficy ruled it is not feasible for the Bahia Homeowners' Association to obtain necessary local, state and federal permits for the dredge project, most recently estimated to cost $17.9 million. Dufficy had tentatively ruled against the homeowners' association in September, but after hearing arguments, asked both sides of the battle to provide further information. "It is clear that it is no longer feasible to proceed with the permitting process, it is no longer feasible to believe the association could ever again dredge the lagoon, and costs to proceed with the permitting process are no longer feasible," said attorney Wanden Treanor, who represented the association in court. Treanor said that in addition to being required to obtain a permit from Novato, the association would have to get numerous permits from state and federal agencies responsible for protecting the environment and wildlife. "The ultimate issue is there is very little likelihood that permits would be approved," Treanor said. "The judge determined it would not be feasible." The homeowners' association and many residents had sought a reversal of the court dredge order because of the growing expense, which could cost each homeowner $45,000 to $90,000 in assessments. But some residents who wanted the lagoon dredged, largely so they could have waterfront properties, were disappointed, particularly since Dufficy had been leaning in their favor months ago. "It's a relief to have a ruling either way," said resident Jay Trombler, who had pushed for dredging. "I believe there are property rights issues that will have to be dealt with by the association," Trombler said. "We still own it, but we have no right to do anything with it." Trombler said he bought his home when there was a court order in place to dredge the lagoon. Now, instead of having a channel, he has wetlands, crawling with creatures like rats and snakes. The lagoon litigation has been ongoing for close to two decades and has been in the hands of five Marin judges. The homeowners' association spent more than $4.5 million for legal expenses and government permits in the course of the fight. "Experts recently concluded that based upon the condition of the channel and input from government agencies, that it will be legally or practically impossible to comply with court orders," the association wrote to the court. Marin Audubon Society President Barbara Salzman was thrilled. "We've opposed this project forever," Salzman said. Salzman estimated that 15 to 22 different kinds of birds live in the habitat, including endangered species such as the clapper rail. Contact Nancy Isles Nation via e-mail at civiccenter@neteze.com |
Copyright © 1999-2005 by MediaNews Group, Inc. and ANG Newspapers