Couple’s Request on Easement Denied
A couple’s request to abandon an open-space easement on their property has been denied by the City Council.
Barbara and Dave Forman had asked council members to dismiss the easement on their 12.3-acre lot on Via Mimosa, stating the policy was unconstitutional and illegal.
In a statement at the council’s Nov. 20 meeting, the Formans said that, if their request were denied by the city, “we will take this issue out of their hands and hand it to a federal court.”
But the council was not swayed, voting unanimously to turn down the request. “I don’t appreciate being threatened by legal action,” Councilman Patrick M. Ahl said.
The city staff’s view is that the easement, one of several established 20 years ago to create and maintain a greenbelt, is legal, city planner Bob Goldin said.
The staff recommended that the council deny the Formans’ request, saying they feared that if an exception were made, other residents with similar lots would come forward to request a change.
Many residents in the Formans’ Mariner’s Point neighborhood applauded the council’s decision, saying that the easements protect property owners from development.
--BY KIMBERLY BROWER, MIMI KO CRUZ AND BILL BILLITER
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