I see that Joe Edmiston is up to his old tricks slandering people in Malibu as racists so that he can run roughshod over them. He did exactly the same thing on Winding Way East many years ago. People who live in residential neighborhoods, public or private, have the right to expect to have a quiet residential life-style as well as the privacy that any homeowner in the State of California has a right to expect. This area has been designated in many county plans over the last 50 years as residential. Hundreds of public hearings were conducted during this time that established this usage.
Years ago I had a conversation with Sherman Stacy, Esq., regarding this type of abuse by the Santa Monica Mountains Conservancy. Sherman indicated that there is published law on this subject. I believe that it was in Emerald Bay, Orange County. In that case, the state of California purchased the last two or three lots on a bluff beach area and tried to open it for a public beach, even though the usage conflicted with the plan for the area and conflicted with the zoning.
If Sherman was correct, I am wondering why the City of Malibu and the attorney who represents the homeowners on Ramirez Canyon have not cited this established case. Joe has always had the ability to purchase another access from Kanan Road to the property and not intrude on the privacy of the folks that live in the area. His record is that he would rather bully (Joe’s giant ego) and run over the homeowner’s rights. I would think that if this ruling stands the Conservancy would be liable for hundreds of millions of dollars of damage for diminution of value.
Tom Bates
Former Land Use Chairman
Malibu Association of Realtors