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Greenbelt Easement Dispute to Be Heard

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In a public hearing that could have broad implications, the City Council is to decide today whether to grant a couple’s request to abandon an open-space easement on their property.

Barbara and Dave Forman are asking the city to dissolve the easement on their 12.3-acre lot at 112 Via Mimosa.

In a letter to the council dated Oct. 31, Dave Forman said the easement is an ongoing nuisance that deprives his family of using most of their private property, adding that “our constitutional rights are being denied, and we must seek a remedy.”

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The Formans want the city either to rezone their property consistent with surrounding neighborhoods, compensate them for use of the land or buy the property.

The city staff has recommended that the council deny the Formans’ request, saying that such easements, established 20 years ago to create greenbelts to offset development, are legal.

According to a report by city planner Bob Goldin, officials are concerned that, if the council votes in favor of the Formans, residents with similar lots may come forward with the same request.

The council will meet at 7 p.m. at 100 Avenida Presidio.

Information: (714) 361-8200.

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