The coast news 2014 01 10

Page 1

PRSRT STD U.S. POSTAGE PAID ENCINITAS, CA 92024 PERMIT NO. 94

THE COAST NEWS

.com

MAKING WAVES IN YOUR NEIGHBORHOOD

VOL. 28, NO. 2

JAN. 10, 2014

Former mayor honored for his contributions By Bianca Kaplanek

AS GOOD A SPOT AS ANY Constance Zoutis digs in the sand on Wednesday morning at Alga Norte Park in Carlsbad, which opened on Dec. 31. Her grandmother Gloria said that they go early to beat the crowds that are already filling the new park. The park’s grand opening ceremony is scheduled this Saturday. See full story on page A8. Photo by Rachel Stine

DEL MAR — Family members, friends, colleagues and community leaders gathered at Powerhouse Community Center on Jan. 5 for a standing-room-only memorial service for Louis Terrell, a former Del Mar mayor who died two days earlier trying to save Abe, his dog, from an oncoming train. Terrell, 75, was walking Abe off leash along the bluffs near 11th Street shortly before 3:30 p.m. when a northbound LOUIS TERRELL Amtrak train sounded its horn. Investigators believe the train as he tried to the Labrador retriever was retrieve Abe, who was startled by the noise and unharmed. Del Mar paramoved toward the tracks. TURN TO MAYOR ON A19 Terrell was struck by

Residents’ lawsuit a flashpoint in ongoing fight over seawalls By Jared Whitlock

ENCINITAS — Slowly, rain and high tides are chipping away at the steep cliffs on Grandview Beach. The unceasing assault is a concern for Thomas Frick, whose home is among those perched just above the bluffs. His solution: a seawall. Frick and other homeowners argue seawalls — typically concrete or wooden barriers installed at the base of cliffs — are necessary to prevent valuable oceanfront property from tumbling into the sea. But environmentalists and other groups say the seawalls shrink the beaches at the expense of locals and visitors alike. Frick’s legal fight over the California Coastal Commission imposing a 20year sunset clause on his seawall is a focal point in the public versus private property rights debate. “Most people would say, ‘we’ve had it’ and concede,” he said. “We’re still continuing the case even though we’re up against Goliath.” Nearly a decade ago, Frick and neighbor Barbara

Lynch applied for repairs to their crumbling seawall. The request took on added urgency when a powerful storm in 2010 swept away much of the structure. By mid-2011, the coastal commission approved a new 100-foot wide seawall, but conditioned the permit to expire in 20 years. Once that time passes, the commission would reassess the need for a seawall at the location, opening up the possibility of it being torn down. In response, Frick and Lynch sued the coastal commission over the 20-year condition, arguing it would illegally decrease their property values. Frick explained that a seawall, sans sunset clause, increases the likelihood of the land staying put, maintaining the home’s worth. “If you want to sell, no one will want to buy the property with a 20-year condition,” Frick said. Last March, Superior Court Judge Earl Maas sided with Frick and Lynch. He ruled that the coastal commission’s “arbitrary and

Open for business

unreasonable” 20-year clause trampled over the homeowners’ rights. But the coastal commis-

Two Sections, 44 pages

As the major roadside improvement project in Oceanside reaches phase II businesses hope it won’t impact their sales. B4 Jamroc closes After nine years, the wellknown Jamaican restaurant has closed its doors. B10

A seawall and private staircases line the bluffs at Grandview Beach. Homeowners Thomas Frick and neighbor Barbara Lynch sued the California Coastal Commission on the grounds that they shouldn’t have to apply for a new seawall in 20 years, arguing it could hurt their property values. The legal fight could establish a precedent in the ongoing seawall debate across California. Photo by Jared Whitlock

Arts & Entertainment . A14

The preservation efforts on the Graves House, or the “Top Gun” house as it’s better known, are being put on hold for now. B1

Food & Wine . . . . . . . . B10 Legals . . . . . . . . . . . . . . . A20 Opinion . . . . . . . . . . . . . . A4 Sports . . . . . . . . . . . . . . . A16

sion appealed, stating the sometime this year. By his own estimate, judge’s ruling amounts to a seawall in perpetuity. The Frick has incurred around appeal is due to be heard $175,000 in legal bills over the seawall. With legal fees building, Frick and Lynch couldn’t HOW TO afford to continue the fight. But the Pacific Legal REACH US Foundation, an advocate for (760) 436-9737 limited government across California, agreed last month Calendar: to take the case pro bono. calendar@coastnewsgroup.com Jennifer Thompson, an Community News: attorney with the foundation, community@coastnewsgroup.com said striking the 20-year conLetters to the Editor: dition would vindicate homeletters@coastnewsgroup.com owners looking to protect their property.

“Building seawalls is written into the state’s constitution and the coastal act,” she said, adding homeowners pay the cost to build the seawalls. In Encinitas alone, there are 88 seawalls, according to a city count in 2011. And Thompson believes the case could help set a legal precedent across the state. In recent years, the commission’s 20-year idea has generated controversy across coastal cities, particularly in Solana Beach. TURN TO SEAWALL ON A19


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.