Read the Most Interesting Quotes from Source Documents
The City of Palos Verdes Estates (the City) has taken the position in our initial legal proceedings that they can be selective about enforcement and that the deed restrictions do not apply to them. From the 7/16/13 demurrer brief by the City in response to our litigation:
However, the City also argues a very different position when it suits them. For instance, here are excerpts from the “Private Deed Restrictions” section of “Palos Verdes Estates 2013-2021 Housing Element” prepared by the City and presented to the PVE City Council on November 12, 2013.
Further, while the City’s demurrer brief (7/16/13) indicated it would not be held by deed restrictions, Resolution #12 in City Council minutes for June 12, 1940 fully accepts those restrictions:
In addition, there are many instances in other official documents where the City of Palos Verdes Estates has made statements that the deed restrictions are legally binding. For instance, in 2005 the City passed a Resolution to tackle encroachments, and the staff memo dated October 25, 2005 states:
One of the arguments made by both the City and the Homes Association in the current litigation is that they have a “right but not a duty” to enforce the deed restrictions on open space:
However, the 1923 "Protective Restrictions" book states:
Further, the Municipal Code of Palos Verdes Estates declares under its "definitions" section that:
The Homes Association asserts in documents filed in response to our petition that it has no obligation to enforce the protective restrictions and also that the Homes Association can sell parkland if it so chooses. This directly contradicts the 1923 Protective Restrictions document; section 4 states:
More directly, the deed transferring the Tract containing the Via Panorama property in 1940 from PVHA to the City of PVE puts a series of very specific and more onerous conditions that make it crystal clear that the property needs to remain "parkland forever" and can never be sold to anyone for use other than for public use.
These restrictions placed in the deed in 1940 but the PVHA cannot be undone, and "run with the land" to any future owners, including the PVHA under their Reversionary Rights.
The City of PVE also asserts that enforcement is optional. Yet a 2005 staff memo states:
There have been other reversals by the City. For instance, the City Council minutes from 7/24/12 stated:
Yet at the 3/12/13 City Council, the recommendation of rezoning as R1 Single Family Residential stated:
The website of the Palos Verdes Homes Association clearly acknowledges its responsibilities. Anyone reading the following excerpt from their website would find their decision to sell parkland and then support rezoning for private residential use with structures built on the land quite perplexing:
When one considers the foregoing notations as referenced, how could the PVHA sell the 1.7 acres to a private buyer? There is no legal justification of any kind for such a sale.
This transaction also violates what the City of PVE says on its website:
Sign-Up for updates
Content copyright 2015. PVEOPENSPACE.COM. All Rights Reserved