Save the Altadena Trails (STAT) sent the following to their newsgroup: the La Vina homeowners have filed an appeal, and issues involving access to the trail going to the Owen Brown gravesite, after the jump:
Hello Save the Altadena Trails (STAT) Supporters -
We wish you a Happy 2009. We hope you have enjoyed the recent rains and have
spent some time on our local trails.
Here is an update on STAT issues and events:
LA COUNTY VS. LA VINA
As you may recall, on April 22, 2008, the Honorable Joseph F. De Vanon ruled
in the case of the County of Los Angeles v. La Vina Homeowners Association
(HOA). In short, Judge De Vanon rejected each and every one of the HOA's
defenses to the County's position that the trails were promised to the
people in the development process and concluded that the promises must be
fulfilled.
The Court has ordered the HOA to dedicate trail easements in the locations
indicated in the development documents; the County will be responsible for
construction and maintenance of the trails. In addition, the County was
awarded $40,000 to cover costs and $783,000 in fees.
In December the La Vina HOA filed paperwork to appeal this decision. Whether
they actually follow through with the appeal is yet to be seen. The appeal
process will be expensive, and it appears there are many in the La Vina
community who may not be willing to spend the money on a risky appeal. It is
possible that both sides will agree to further mediation in attempt to avoid
the appeal process.
STAT vs. LA VINA
STAT's case against La Vina has yet again been postponed pending the outcome
the La Vina appeal of the LA County case. We will keep you updated when we
have more information.
MICHAEL CICHY AND THE OWEN BROWN GRAVESITE.
In November 2005 the Honorable C. Edward Simpson of Pasadena, in the case of
Save the Altadena Trails, et al. v. Michael Cichy, found for plaintiffs,
thereby re-establishing the public's right to travel over that portion of
the historic El Prieto Fire Road that runs across defendant's property, and
to visit the Owen Brown Grave Site which is located within his land. Judge
Simpson stated from the bench "it is clear that there is a long-standing
historic interest on the part of the public in the road and in the grave
site and that there has been continuous public access to these locations
since the 19th century."
While STAT was working with the court to restore access to this trail and
historic site, Mr. Cichy was living on the fire road in a dilapidated van
and had been storing a myriad of construction materials and debris on the
property that was not zoned for either of those activities. Los Angeles
County cited him for zoning violations and demanded that he remove the
vehicle and materials from the property. The court ruling also mandated that
he could not drive a vehicle on the El Prieto Fire Road. Mr. Cichy complied
by removing his vehicle but unfortunately resorted to throwing much of the
debris over the hillside - apparently to create the appearance that the
debris had been removed.
After an absence of over 2 years, Mr. Cichy has been seen back at the
property and appears to be living in his pickup truck, parked on another
landowner's driveway. He has been hauling truck loads of materials up to the
site - some of which has apparently been thrown over the hillside. He is
storing more materials on the site, in clear violation of zoning
regulations. He has also been observed smoking on the hillside and appears
to be throwing cigarette butts into the dry brush.
Members of STAT and residents of the Meadows community have contacted LA
County and the court in attempt to put a stop to this activity. This
situation has not been resolved, and we will keep you updated. The county is
requesting proof of his actions, such as video or photos of him throwing
debris of the hillside or smoking. If anyone is able to get this
documentation, please let us know.
STAT SUPPORTERS:
Please forward this to anyone who is concerned about local trail access and
would like to remain informed. If someone forwarded this email to you,
please email STAT directly to be added to our list at
<http://webmail.earthlink.net/
savetrails@sbcglobal.net.
STAT FUNDRAISING
STAT had another successful year in 2008 - yet there is much more work to be
done in 2009. Your donations help continue the work of STAT to preserve
public trail access. Please send checks to:
SAVE THE ALTADENA TRAILS
P.O. BOX 1113
LA CANADA, CA 91012-5113
Please note that donations are not tax deductible.
Thank you for your support.
We wish you a Happy 2009. We hope you have enjoyed the recent rains and have
spent some time on our local trails.
Here is an update on STAT issues and events:
LA COUNTY VS. LA VINA
As you may recall, on April 22, 2008, the Honorable Joseph F. De Vanon ruled
in the case of the County of Los Angeles v. La Vina Homeowners Association
(HOA). In short, Judge De Vanon rejected each and every one of the HOA's
defenses to the County's position that the trails were promised to the
people in the development process and concluded that the promises must be
fulfilled.
The Court has ordered the HOA to dedicate trail easements in the locations
indicated in the development documents; the County will be responsible for
construction and maintenance of the trails. In addition, the County was
awarded $40,000 to cover costs and $783,000 in fees.
In December the La Vina HOA filed paperwork to appeal this decision. Whether
they actually follow through with the appeal is yet to be seen. The appeal
process will be expensive, and it appears there are many in the La Vina
community who may not be willing to spend the money on a risky appeal. It is
possible that both sides will agree to further mediation in attempt to avoid
the appeal process.
STAT vs. LA VINA
STAT's case against La Vina has yet again been postponed pending the outcome
the La Vina appeal of the LA County case. We will keep you updated when we
have more information.
MICHAEL CICHY AND THE OWEN BROWN GRAVESITE.
In November 2005 the Honorable C. Edward Simpson of Pasadena, in the case of
Save the Altadena Trails, et al. v. Michael Cichy, found for plaintiffs,
thereby re-establishing the public's right to travel over that portion of
the historic El Prieto Fire Road that runs across defendant's property, and
to visit the Owen Brown Grave Site which is located within his land. Judge
Simpson stated from the bench "it is clear that there is a long-standing
historic interest on the part of the public in the road and in the grave
site and that there has been continuous public access to these locations
since the 19th century."
While STAT was working with the court to restore access to this trail and
historic site, Mr. Cichy was living on the fire road in a dilapidated van
and had been storing a myriad of construction materials and debris on the
property that was not zoned for either of those activities. Los Angeles
County cited him for zoning violations and demanded that he remove the
vehicle and materials from the property. The court ruling also mandated that
he could not drive a vehicle on the El Prieto Fire Road. Mr. Cichy complied
by removing his vehicle but unfortunately resorted to throwing much of the
debris over the hillside - apparently to create the appearance that the
debris had been removed.
After an absence of over 2 years, Mr. Cichy has been seen back at the
property and appears to be living in his pickup truck, parked on another
landowner's driveway. He has been hauling truck loads of materials up to the
site - some of which has apparently been thrown over the hillside. He is
storing more materials on the site, in clear violation of zoning
regulations. He has also been observed smoking on the hillside and appears
to be throwing cigarette butts into the dry brush.
Members of STAT and residents of the Meadows community have contacted LA
County and the court in attempt to put a stop to this activity. This
situation has not been resolved, and we will keep you updated. The county is
requesting proof of his actions, such as video or photos of him throwing
debris of the hillside or smoking. If anyone is able to get this
documentation, please let us know.
STAT SUPPORTERS:
Please forward this to anyone who is concerned about local trail access and
would like to remain informed. If someone forwarded this email to you,
please email STAT directly to be added to our list at
<http://webmail.earthlink.net/
savetrails@sbcglobal.net.
STAT FUNDRAISING
STAT had another successful year in 2008 - yet there is much more work to be
done in 2009. Your donations help continue the work of STAT to preserve
public trail access. Please send checks to:
SAVE THE ALTADENA TRAILS
P.O. BOX 1113
LA CANADA, CA 91012-5113
Please note that donations are not tax deductible.
Thank you for your support.
