Capistrano Beach : Developer Threatens to Back Out of Deal
Alleging a breach of contract, a development company with plans to build an industrial park on Capistrano Beach Sanitary District property has threatened to pull out of the deal, saying the district is holding secret negotiations with another party.
In a Sept. 28 letter, the developer, Capistrano Beach Partners, accused sanitary district officials of negotiating with a private helicopter commuter service to lease a part of the property for a landing pad.
In addition, wrote Michael J. Greene, attorney for the developer, “the proposed use would be a highly sensitive and controversial enterprise for this area.”
The letter was sent to each member of the Dana Point City Council and member of the Capistrano Beach Sanitary District board of directors.
The disputed parcel is along San Juan Creek, inland from Doheny State Beach. The two sides have been negotiating for development of the proposed industrial park since October, 1988.
Sanitary district manager Dennis Erdman called the complaint a misunderstanding. He confirmed that the district has talked to the helicopter company about using land at the site that is not part of the proposed industrial park. He also suggested that the two companies talk, he said.
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