You may recall that in 2012 the Palos Verdes Estates City Council with the advice of the City Attorney approved the limited transfer of a portion of the PVE parklands below 900 Via Panorama to an adjacent resident. This resident also made a significant donation to the PVPUSD, and the PVPUSD transferred to the City of PVE ownership of two adjacent and undeveloped lots (referred to as Lots C and D) that run from PV Drive West to the grounds of PVHS. This transaction was likewise considered and approved by the Board of Directors of the Palos Verdes Homes Association with advice of their legal counsel. The transaction was viewed by those making the decision as a thoughtful way to resolve several ongoing disputes between the parties.
A significantly large group of residents of PVE took issue with this transaction, engaged an attorney, and filed suit against both the City of PVE and the PV Homes Association. After presentation of much evidence and legal argument from both sides the judge presiding in the case has ruled that neither the City nor the PV Homes Association had the authority or precedent to enact this transfer.
After such rulings are made there follows a period of time during which the parties to the suit can consider appealing the decision. That period of time is coming to a close and the City Council and Board of Directors of the PVHA will decide no later than 10/24/15 to either appeal or accept the judgement. If one or both of those governing entities vote not to appeal the judgement there may be additional actions initiated by the other parties to the transaction. The nature of those actions is difficult to project. If the City or PVHA do vote to appeal the judgement there will likely be significant additional legal fees incurred and payable to the attorneys representing the City and PVHA.
As with all matters of this sort there are multiple rationales, perspectives, and opinions. If you would like to learn more on the perspective pf the City visit: http://www.pvestates.org/index.aspx?page=198. The plaintiffs have represented their perspective on a website created in response to the suit: http://www.pveopenspace.com/ . Objectivity, common sense, and discretion are advisable in considering the content. See the Judge’s Ruling at Ruling on MSJ_Part1 and Ruling on MSJ_Part2. Read the Final Judgement at Final Judgment.
If, after careful consideration of the available information, you decide in favor or against an appeal by the City and PV Homes Association of the current ruling you can make your opinion known via email by directing your comments to the following addresses:
City of Palos Verdes Estates City Council
| James F. Goodhart, Mayor Jennifer L. King, Mayor Pro-Tem Betty Lin Peterson John Rea James D. Vandever |
jgoodhart@pvestates.org jking@pvestates.org bpeterson@pvestates.org jrea@pvestates.org jvandever@pvestates.org |
Palos Verdes Homes Association Board of Directors pvha@pvha.org Ask that a copy of your email be forwarded to each director.