Capitola’s arguments against Surf and Sand lawsuit fall short – Santa Cruz Sentinel

Capitola’s arguments against Surf and Sand lawsuit fall short

By JONDI GUMZ

Posted: 06/12/2010 01:30:58 AM PDT

CAPITOLA — A federal judge has ruled in favor of the Surf and Sand Mobile Home Park challenging the city’s refusal to let the owner to close the park, which is one of the most affordable places to live in Capitola.

U. S. District Judge Robert Seeborg, in a ruling Wednesday, said most of the property owner’s claims for relief can go forward.

On one point, the judge ruled against property owner Ron Reed, dismissing the claim that the city’s action constituted “public taking” of the property but giving Reed the option to file that claim in the future.

Reed is seeking damages or relief that would allow him to close the park on terms he finds acceptable.

The 73-space ocean-view mobile home park, opened by Reed’s parents, has been at 750 47th Ave. for more than 50 years. Many of the residents are retirees on fixed incomes paying $250 to $400 a month for their spaces.

Reed contends that affordability comes at his expense with some mobile homes selling for as much as $500,000 because of the city’s rent control ordinance.

His lawsuit challenges the constitutionality of the rent control and park closure ordinances, alleges that he is being treated differently and argues that the city’s process to handle a closure application was a sham.

The City Council vote against the closure application was unanimous.

Mayor Sam Storey, who is an attorney, said he was “disappointed that the court did not dismiss the entire Surf and Sand case,” noting a closure would displace many low-income residents and senior citizens.

“It is hard to get a court to dismiss a case before it is heard on the merits, therefore, it is some satisfaction that the court did dismiss the public takings claim,” he added.

Storey contends the Capitola City Council “correctly applied the state rules” to the closure application.

“I am confident that the courts will affirm that when they get to the merits of the case,” he said.

Reed’s attorney, Mark Alpert of Hart, King & Coldren in Santa Ana, said the takings claim may be refiled later

via Capitola’s arguments against Surf and Sand lawsuit fall short – Santa Cruz Sentinel.