Monday, February 01, 2010

The Mindset of the City, Courtesy of Judge Robert A. O’Farrell

ABSTRACT: In Judge Robert A. O’Farrell’s Intended Decision (Case No. 76728, THE FLANDERS FOUNDATION, Petitioner v. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Respondents, dated February 21, 2007, a section regarding the Demolition of the Mansion by Neglect illuminates the mindset of the City. That paragraph is reproduced. Additionally, Judge O’Farrell’s two comments on the location of the Flanders Mansion Property in relation to Mission Trail Nature Preserve are reproduced.

With regard the THE FLANDERS FOUNDATION, Petitioner v. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Respondents (Case No. 76728), Judge Robert A. O’Farrell wrote is his Intended Decision regarding Demolition of the Mansion by Neglect, as follows:

“Carmel argues that even though the Ordinance speaks in mandatory terms, the City has no obligation to comply because there is no sanction or penalty for its failure to act. Aside from the non-legal considerations involved in taking such a position, there is, in fact, an enforcement mechanism available through Ordinance 17.32, and the rules of Equity. Mandamus is available to compel public officials to carry out duties of their office.”

And, regarding the physical description of the Flanders Mansion Property, Judge O’Farrell wrote, as follows:

“The Mansion is situated centrally within and surrounded by the Nature Preserve Park and the Lester Rowntree Native Plant Garden.”

Regarding Impact 15, FEIR, “...although the size of the parcel is relatively small, the importance and/or significance of public access to this parcel may be considered a significant impact due to (1) its location in the middle of the Mission Trails Nature Preserve...”

1 comment:

Anonymous said...

Now we know why the city does not repond to comments from speakers at council meetings and other requests for information and answers to questions. They act only when they feel like it and only when a court orders them to do their duties. I guess that is what you get when you have a career federal government employee for a mayor; a resident with no respect for her constituents and public obligations of her office. Just another reason to vote her and her sidekick incumbents out-of-office in April 2010.