Posted on 05/15/2008 8:12:20 AM PDT by SmithL
The city of Half Moon Bay found itself in serious financial trouble last year after U.S. District Court Judge Vaughn Walker ruled that the city had to pay a local developer $37 million - $41 million with legal fees added. The judgment amounted to close to four times the city's annual budget, or more than $3,000 per resident in this city of fewer than 13,000. Bankruptcy loomed.
Walker found that a city drain project inadvertently had created wetlands on developer Charles "Chop" Keenan's property. When Half Moon Bay later cited those same wetlands as grounds to stop Keenan from developing on an 83-home residential subdivision, Walker wrote. "The situation created a Catch-22 of the city's making."
In a deep hole, Half Moon Bay's City Council finally decided to stop digging. With a $41-million gun pointed at city government's head, attorneys for Half Moon Bay cut a deal that would allow Keenan to build on the 83-unit property, as well as 46 homes on adjoining land.
There is a catch: Half Moon Bay needs Sacramento to enact legislation that would allow this development to bypass state wetlands protection regulations.
"It's a rescue bill," Mayor Bonnie McClung explained.
On the city's behalf, Assemblyman Gene Mullin, D-South San Francisco, authored Assembly Bill 1991, which would allow Keenan to build on his two holdings in accordance with plans which Half Moon Bay tentatively approved in 1990.
Some environmental groups have opposed the measure, lest it set a precedent that developers could invoke to skirt environmental protections. But AB1991 specifically states that development can be exempted from state rules only because the wetlands are man-made, the city had approved development on the property, and the city faced bankruptcy.
(Excerpt) Read more at sfgate.com ...
I live on Magnolia ave for a couple years...right down the street from this area...
The streets where in...light poles...water lines and sewers...
Blocks and blocks of nothing but scrag grass...
It should be called “Half Moonbat Bay”...
Serves them right. Short-sighted policies cause unintended consequences.
” Half Moon Bay needs Sacramento to enact legislation that would allow this development to bypass state wetlands protection regulations.”
Protecting the wetlands that HMB created. Makes sense to me. /sarcasm
I guess “You can’t build there because we don’t want you to” was not good enough, this time.
They made their bed. Now let them lay in it.
My aunt and uncle screamed bloody murder about stopping this project for years. I hope they take it in the neck over this.
L
"Inadvertently" appears to be the issue here. This could have been settled amicably had the city not attempted to use the wetlands legislation as a "gotcha." Actions have consequences.
Hoist on their own petard, imho.
Is it time to change the definition of "wetlands" yet?
I hate dealing with small town politicians. They’re power trippin’ idiots! In the middle of an issue with some as I write.
heh me too...”let them eat pumpkins”!
That special tax would be peanuts for those rich Moonbats.
Serves them right.
I urge the legislature to vote “NO” on this ridiculous end around of our sacred wetlands protections. Once this is passed what’s next? Far better for the city of Half Moon Bay to go bankrupt. Really, they would be the second in a month. So it’s not that big a deal anymore.
Wetlands rule. Environmental rules must never be bent to accomodate mere humans.
Can't they just re-route their drain project to eliminate the "wetlands"?
Or is that illegal too?
Damn straight!!!!
I have a feeling this kind of thing is not uncommon. Have one here in NJ which is similar. Developer had a property and a lake. Town didn’t like the plan and condemned the property under emminent domain. Owner appealed the taking price and won. Town had to pay double plus interest. Doubled taxes for the town to pay for it.
Now NJ Dep says dam on the lake is defective and either must be breached or rebuilt. More taxes plus a big smelly lake bed will be the result.
They would have been much better off with the original development like in the Half Moon case.
Just visited Half Moon Bay as it happens. Know the spot in question. Not much of a place to protect.
I will be sending copies of this to our local Greennazi City and County officials.
“They made their bed. Now let them lay in it.”
Indeed, note how the city had no mercy for the landowner when it thought it had the upper hand. When the positions are reversed these municipalities will destroy you financially without batting an eye.
And under what circumstances is their exposure personal and not indemnified by the governmental organization that they represent?
With the property market as bad as it is now, I think Keenan should take the money. OTOH, if the city declares bankruptcy, he may get nothing. OTOH, if the city declares bankruptcy, he can seize the city’s assets (I think) to settle his debt.
Die, democrat party vermin, die!
Die, democrat party vermin, die!
Yep. A backdoor way to steal the guys property. Serves the town right. Notice they’ve delayed this guys project for nearly 20 years.
Or is that illegal too?
Yep. Surely you didn't think with the government involved it would be that simple, right?
As I recall they tried to pull the same sort of fast one on newly-elected Rep. Al Baldasaro and his neighbors here in New Hampshire, where an airport expansion resulted in the use of eminent domain to seize his land to create offsetting wetlands. They eventually lost their case in the NH Supreme Court.
What does that mean, that this "wetland" is really untreated wastewater?
-PJ
I mean, after all... What's so bad about bankruptcy? Vallejo is doin it and Orange County came through it in the '90's.
The "Dirt Worshippers" need to be taught these kind of lessons.
After all, they've gotten governments to screw enough legitimate developers for the dumb acts of a few illegitimate and inconsiderate developers!!!
This is a small step to stopping this insanity.
A bigger step would be to sue the individuals, who were responsible for these vile actions.
They might roll over on each other and talk about their illegal behind closed doors activities.
This could have been settled amicably had the city not attempted to use the wetlands legislation as a “gotcha.” Actions have consequences.
If you look into it a bit, you will discover that the development was approved by one set of politicians, but then new set of politicians were elected that didn’t want the project. They delayed the project because sewage treatment wasn’t available ... and delayed it ... and delayed it until the original developer went bankrupt. Meanwhile, because their contractor screwed up the drainage for a neighboring development, the property was turned into a wetland from the runoff. This new guy bought the property, and had deeper pockets for lawyers to take the city to court, then through the appeals.
The story qualifies as a genuine “government horror story”.
ROFLMAO....................
They actually said that with a straight face?
The HMB leaders deserve jailtime or a move to Vallejo.
I believe a culvert that was fed from run off (gutters, & storm drain) was blocked because of a highway or street expansion. Thus water that did flow to the ocean was trapped and flooded the area, creating a "wetlands".
I suppose that, usually, engineers take gravity and flow into account when building those things. Don't they put drains and pipes under new roads so the natural flow of runoff can still be directed under the expansion? If so, then can't they still do a remediation construction job to put conduits under the new roadway to correct this problem, or does the new "wetland" prevent this engineering oversight from being corrected?
-PJ
-PJ
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