Judge Clears Way for Dam to Go Up, Trees to Come Down

The trees will come down and the dam will be built.

That was a Ventura County judge’s decision Friday in a bitter feud between Thousand Oaks homeowners and the county over a controversial dam that will be built in their upscale neighborhood.

Superior Court Judge Thomas J. Hutchins’ decision effectively clears the way for the county’s Flood Control District to cut down 40 aging trees and start construction of the dam in the Lang Ranch subdivision.

After reading separate scientific studies of the area conducted by geologists hired by homeowners and the Ventura County Flood Control District, Hutchins rejected a request for a preliminary injunction, nullifying his earlier temporary restraining order.

“These trees will be removed in any event, so why delay the inevitable?” Hutchins asked while explaining his ruling.

Hutchins said he was not swayed by arguments that constructing a dam in a neighborhood of million-dollar homes would pose a significant safety risk to residents from mudslides.

The judge also rejected an assertion by the homeowners’ group, Save Lang Oaks Fund, that the project’s 1995 environmental assessment was incomplete, saying there was no evidence that the original study did not “fully consider the environmental impact of removing the trees.”

Though frustrated by the ruling, dam opponents said they will continue to fight the project.

“I’m disappointed, but this isn’t over yet,” said clinical psychologist Gerry Langer, director of the homeowners group. “It’s going to be a hideous project that will be a blight on the neighborhood.”

The next move is uncertain said the group’s attorney, Alyse Lazar. She would not rule out filing an appeal as early as Monday, and also said the group will continue to pursue a separate lawsuit designed to scuttle the $5-million dam project.

Daniel Murphy, assistant county counsel, said removal of the trees’ limbs would begin soon to prevent the nesting of birds this spring.

It’s expected to take six months to build the dam--a 66 1/2-foot-high embankment with a detention basin the size of four football fields. Officials with the Ventura County Flood Control District have said the dam is needed to protect the Conejo Valley from devastating flooding in the event of a 100-year storm.

Thousand Oaks City Councilwoman Linda Parks, a vocal opponent of the project, said the ruling signifies “a very sad day for our city.”

“We are losing a prize oak grove and habitat and there is less of it all the time,” said Parks.