[Steve_ Shaffer]

Although the CCC is trying to enforce their regulation and is not seeking equitable relief, the Appeals Judge in the case is applying  the legal doctrine of Laches in that a person who waits too long to bring a claim alleging a wrong shall not be permitted to seek an equitable remedy.

[Bob_Huntley]

Joel S. & Bob H. -

While I am no legal expert, it would seem Mr. Feduniak (the current owner) would have a substantial legal claim against Mr. Bonanno (the prior owner), if, in fact, Mr. Feduniak purchased the house from Mr. Bonanno without being advised by Mr. Bonanno of his outstanding obligation to the Coastal Commission to create a "conservation easement."


Although we are only reading Feduniak's side of the story, it sounds like Bonanno possibly sold the house without full disclosure.

DT    

David,

How right you are.

Bob

[Bob_Huntley]

Although the CCC is trying to enforce their regulation and is not seeking equitable relief, the Appreals Judge in the case is applying  the legal doctrine of Latches in that a person who waits too long to bring a claim alleging a wrong shall not be permitted to seek an equitable remedy

Steve,

I am sure you are right on the normal legal remedy but the CCC doesn't always feel the same way. This is one of the most arrogant, bureaucratic organisms that has ever been created.

When the citizens of California voted them in, it was to prevent the bastardization of the coastal zone with wall to wall houses as we see on the Pacific Coast Highway in Malibu. Their remit allowed them to pass judgement on stuff up to a thousand feet from the high tide mark. Within two years they were demanding jurisdiction on lands some miles from the coast by declaring water sheds as part of their domain.

Hell hath no fury than greater than a CCC eco-terrorist.


Bob

[J_ Crisham]

Bob, You obviously are very knowledgeable as to who the local homeowners are. Do you have any background on the estate behind the 10th green at Pebble? I have visited here 5 or 6 times and watched this built over the years.

[Lou_Duran]

Hell hath no fury than greater than a CCC eco-terrorist.

Bob Huntley,

I suspect that the "woman scorned" demographic is very well represented in the commission, its staff, and the acitivist community.  We generally get the government we deserve.  Those of us who play golf and are interested in the economics of the sport are acutely aware of this.

Do you have an update of what's transpired since the appeals court overturned the trial judge in its finding favoring the homeowner?  If I was a betting man, I would wager that the small course will be replaced.  Funny how those environmentally sensitive areas seem to stop at the CPC boundary line.

Do you suppose that Feduniak would have a considerable gain if he sold the property sans the golf course?  If so, wouldn't his damages against the previous seller and the title company be mitigated if not outright moot?

 

[JohnV]

Lou,

CPC has removed lots of non native plants over the last few years as most of the ice plant that was there is now gone.  They are doing their part, even if they were not forced to do so.

[Lou_Duran]

Jon,

That's highly commendable.  I am assuming that CPC is not removing its turf and replacing it with endemic species.  Will the eradication of ice plant protect dune erosion or actually speed it?  Are the native plants good at holding the soils in place during heavy rain?

In SoCal, the government is actually cultivating the ice plant, particularly along freeway interchanges.  A highly credible source tells me that it is great for noise reduction.

I also like the way it looks, particularly when in bloom.  Like St. Augustine, it should be kept away from playing surfaces.

[Bob_Huntley]

Bob, You obviously are very knowledgeable as to who the local homeowners are. Do you have any background on the estate behind the 10th green at Pebble? I have visited here 5 or 6 times and watched this built over the years.

Jack,

I have written a bout this at some length on GCA a few years ago.

The story is this.

Some twenty-five odd years ago the place was sold by Count Davenez to Gene Hackman. Hackman hired a local architect, Richard Barrett, to bring the place up to snuff and my wife to do the interior design work. After a few months Mrs. Hackman made it be known that she had no interest in living in Pebble Beach. The Hackmans then moved to Montecito and bought a splendid estate but not too long thereafter that were divorced.

The buyer of the house was a local speculator whose identity will go unrevealed. He spent quite a large sum on renovation and the building of a sea wall. Unfortunately he also ran afoul of the law, absconded to the South of France, had a face lift to escape identification, was caught and was eventually returned to the States and did hard time in California.

It was bought from his bankrupt estate by a local businessman who spent several years restoring the house to its former glory. He also bought a couple of nearby properties to house his guests.

The place is now perfect.

Bob

[James Bennett]

The 10th at Pebble Beach



The 13th green at Cypress Point Club.  Note the house, and the ice plant (green and red, to the left of the house).



James B

[Tags:]

Tags:

[Tags:]

Tags:

Call to undefined function theme_linktree()