Judge Allows Couple to Sue Park District

Weighing in on a long-standing property dispute between the park district and a Simi Valley couple, a federal court judge on Monday gave the go-ahead for the homeowners to take the district to court.

In 1992, Gary and Deborah Moss set out to put up a new fence in their backyard, along what they thought was their property line. They knew the Rancho Simi Recreation and Park District owned the adjoining land, so they sent the district a letter outlining their plans.

Much to their surprise, they were informed by the park district that their backyard was actually public property. After much legal wrangling, district officials ordered the couple last year to take down their swing set and doghouse and turn over the 1,500-square-foot backyard.

The couple did so, but then opted to sue the district this spring. Their claim was based on the belief that the district treated them differently from homeowners in the city’s Texas Tract, who faced a similar situation. In that case, 43 homeowners whose backyards were technically part of a public golf course were allowed to buy the land from the district.

According to the Mosses, the district denied their constitutional rights for equal protection under the law.

A federal judge denied the park district’s motion to dismiss the case on Monday, opening the door for the matter to go to trial.

“This is something of a legal vindication,” said attorney Glen Reiser, who is representing the Mosses.

Notified of the federal court ruling Monday, park district board member Jim Meredith, who is named in the suit, said he was surprised by it.

“I’m sorry to hear that,” Meredith said. “I never thought there was a case there, but apparently there is a judge who thinks there is.”