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Archive for January, 2012
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My lawyer writes to the Coastal Commission staff about water rights
January 18th, 2012
Greg Sanders is one of the main lawyers working to help me get a building permit. Today Fed Ex should have delivered this letter to the Coastal Commission staff. This letter outlines my legal case for why I am entitled to get water from the community water system (CSA 12) that my property has been in for the last 46 years.
The letter covers the “vested rights” issue. To explain briefly: because Cave Landing was in CSA 12 and had been taxed for improvements to CSA 12 prior to the 1976 enactment of the Coastal Act, I have a “vested right” to connect to CSA 12 that the Coastal Commission cannot take away.
In addition the letter covers our continued argument that the border of CSA 12 is a USL, and also that the Ontario Ridge area (which Cave Landing is a part of) is specifically mentioned in the LCP as getting water service from CSA 12.
And finally Greg’s letter points out how ridiculous it is to require me to get the Coastal Commission to move the boundary of the Avila Beach Community Services District’s USL to include Cave Landing in order for me to get water service from CSA 12. In other words – why do I have to move out of CSA 12′s service area in order to get water service from CSA 12? It is crazy – and something only a twisted, nasty little gnome like James Caruso could think of.
Here is a picture of a twisted, nasty little gnome:
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