The Flanders Foundation v. City of Carmel-by-the-Sea et al. (M99437)
For Immediate Release
Contacts: Melanie Billig, 831.236.6689
Attorney Susan Brandt‐Hawley, 707.938.3900
Judge Rules Against Carmel: Stops Sale of Flanders Mansion and Invalidates Vote
Carmel (March 16, 2010) – Last June, the Flanders Foundation filed a lawsuit to challenge Carmel’s decision to sell the historic 1924 Flanders Mansion. Located within the Mission Trail Nature Preserve, the mansion is honored as one of only two Carmel properties listed both on the National Register of Historic Places and the California Register of Historical Resources.
Monterey County Superior Court Judge Kay Kingsley ruled today that the Carmel City Council’s approval of the sale of Flanders Mansion again violated the California Environmental Quality Act (CEQA). The City lost a previous case regarding the sale of Flanders in 2007. Among other things, the Court ruled that the City was demolishing the Mansion by neglect. Since then, the City has made some repairs to the Mansion, prepared a Revised EIR, and reapproved the sale despite viable offers to lease. The City then put the sale to a public vote despite urgings of the Foundation and others that the City should wait for the result of the current Court challenge to avoid costs of the premature election. By going ahead with the election before the Court challenge was resolved, the City needlessly spent tens of thousands of dollars and wasted a lot of its citizens’ time.
The Court ruled today that “Carmel failed to proceed as required by law” because the Revised EIR “did not fulfill its information disclosure function” relating to Surplus Land Act requirements relating to sale of parkland, requiring that Carmel first offer the Mansion for sale or lease to another public agency.
Further, “the Court finds that the EIR is without substantial evidence in the record or reasoned analysis regarding the Surplus Lands Act issue,” since it contains only “generalized discussion” and “there is also a lack of analysis of what uses could be made of the Mansion by an agency, and ‘precisely’ what amount of water is available...”
The approval of sale must now be set aside. Reapproval and a new vote to abandon parkland cannot be considered until the EIR is revised to analyze foreseeable environmental impacts of compliance with the Surplus Land Act. The EIR must also include essential information regarding the alternative of a possible sale or lease of a reduced-size parcel.
Said Foundation attorney Susan Brandt-Hawley, “All of the grounds on which the judge ruled in the Foundation’s favor were violations of law that were repeatedly brought to the attention of the Carmel City Council. It did not listen.”
“The City Council has spent nearly a million dollars on its quest to sell Flanders and needlessly lose a key part of Carmel’s treasured parkland. It continues to violate the law. Surely enough is enough. In ten years, the City has failed to try to find a use and to resolve this community issue. Flanders should be leased in a way that minimizes impacts to Hatton Road, provides for maintenance and repairs, and allows some public access. This can be done as soon as the City becomes a willing partner," said Foundation President Melanie Billig
4 comments:
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"All of the grounds on which the judge ruled in the Foundation’s favor were violations of law that were repeatedly brought to the attention of the Carmel City Council. It did not listen.”
It is time for the mayor and council to stop their hell bent pursuit of a sale and at least try to find a use for the mansion which can compliment the park. Let's put our money to use making a public resource open to the public rather than to non-productive lawyer fees.
You know, the least we should be able to expect from our city government leaders is for them to follow basic state and local laws. This is the second time around and the city is again on the losing side. Do they have no respect for the law or do they not care about how they do what they do? Just wondering.
Not only is the City on the wrong side of the law, but hundreds of thousands of dollars have been spent that could have been used to renovate Flanders and create a lasting public use. Now, it will take great courage and humility for the current City Council - or a future Council - to move toward a productive solution to this intractable issue.
Clearly this mayor is incapable of resolving this longstanding and contentious issue. Her obsession with the Flanders Mansion sale has clouded her judgement, consumed her energy, squandered our resources and diminished our City's reputation. She had her chance and now it is time to "throw the bum out." Next month's election will allow us to send a message. Let's elect a counsel that can work with the citizens to return our city to its former greatness!
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