ABSTRACT: The Flanders Foundation CROSS-APPELLANT’S REPLY BRIEF, THE FLANDERS FOUNDATION, Plaintiff and Respondent vs. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants, Court of Appeal No. H035818, filed with the Sixth Appellate District 8 June 2011, is embedded. SYNOPSIS HIGHLIGHTS, including the Conclusion, are presented. Note: Date: June 30, 2011: Case on conference list, July 7, 2011 Conference List
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CROSS-APPELLANT’S REPLY BRIEF H035818
CROSS-APPELLANT’S REPLY BRIEF H035818
SYNOPSIS HIGHLIGHTS:
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE FLANDERS FOUNDATION, Plaintiff and Respondent,
v.
CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants
Monterey County Superior Court
Case No. M99437
On appeal from the Superior Court of Monterey County
Honorable Kay T. Kingsley
CROSS-APPELLANT’S REPLY BRIEF
BRANDT-HAWLEY LAW GROUP
Susan Brandt-Hawley / 75907
P.O. Box 1659
13760 Arnold Drive
Glen Ellen, Ca 95442
(707) 938-3900, fax (707) 938-3200
susanbh@preservationlawyers.com
Attorneys for Plaintiff and Respondent
The Flanders Foundation
A. Analysis of Economic Feasibility
1. Feasibility Analysis must be in the EIR
2. The CBRE Report was Inadequate
B. Lease of Flanders Mansion is Feasible
C. There are no Overriding Considerations
Conclusion
“It is terribly difficult to manage public-access property when inholdings occur. In fact, it usually a goal to buy out inholdings and retire development rights in order to enhance our parks and recreation areas…Lease if you must, but do not shortchange the citizens of the future and create an even greater problem of an inholding within a public park…”
(Comments of Brie Tripp)
“Selling off such a valuable current and future community asset for a short term financial gain compromises the original intentions for the property’s purchase…the park [was to] be for Carmel what Golden Gate Park has become to San Francisco. It was a commitment to the future quality of life for Carmel’s citizens and everyone who has the pleasure of sharing our unique heritage.”
(Comments of Barbara Reeves)
The City of Carmel’s approval of the sale of Flanders Mansion was both shortsighted and insupportable. Agency discretion is not unlimited, and requires strict compliance with state law protecting the natural and built environment. The City failed to proceed in the manner required by law because the Flanders EIR failed to assess potentially significant environmental impacts related to compliance with the Surplus Land Act, Failed to adequately respond to comments, and failed to adequately analyze the economic feasibility of a lease alternative. It did not provide adequate information on which the city Council could exercise its discretion. The City Council’s findings then violated the substantive mandate of CEQA because no substantial evidence supports the infeasibility of a leas alternative or the statement of overriding considerations.
The Court’s enforcement of CEQA is respectfully requested to provide great and longstanding public benefit to the citizens of Carmel.
June 8, 2011
Respectfully submitted,
Susan Brandt-Hawley
Attorney for the Flanders Foundation
2 comments:
A myth about Carmel is we have a well-informed and engaged populace. Nothing could be further from the truth. Two recent letters to the editor in the Pine Cone about the Flanders Mansion shows how ill informed Carmelites are. Carmelites with minds full of Sue McCloud propaganda via the megaphone of Paul Miller’s editorials and Pine Cone slanted stories take pen to paper and write false perceptions based on inaccurate and incomplete and misleading information. If these people are representative of the voters who voted to sell Flanders Mansion, we can only hope these people move elsewhere and people who value public historic resources with independent thinking, skepticism and reasoning ability move in and restore Carmel to a place with people who truly value their heritage and sense of place.
Here, here.
"The Court’s enforcement of CEQA is respectfully requested to provide great and longstanding public benefit to the citizens of Carmel."
I agree totally with the commments of Brie Tripp and Barbara Reeves. I would vote for them for council in 2012 in a heartbeat.
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