Huntington Beach homeowners’ battle with O.C. Sanitation District will go to trial
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An Orange County Superior Court judge has denied the O.C. Sanitation District’s motion for summary adjudication in a battle against a group of homeowners on Rhone Lane in Huntington Beach.
Judge Deborah Servino ruled Friday that the battle over a 30-foot-wide easement in the backyards of the residents may move to trial, beginning early next year.
Resident Tony Shahedi, one of the members of the lawsuit with the utility, said Monday that he and his neighbors were happy with the decision.
“It clears the way for us to go to trial,” he said. “We got our day in court, which we are happy to have.”
Servino’s tentative ruling, issued Thursday, stated that while O.C. San “arguably established that the equipment necessary to perform an emergency flow bypass requires the full 30 feet of easement, it has not shown that the structures, improvements or other objects and organic matter at issue are interfering with the district’s ‘full use and enjoyment of the easements,’ as a matter of law.”
The ruling also granted the residents permission to add to their cross-complaint against the city of Huntington Beach, which issued permits for structures in their backyards decades ago.
In March, O.C. San started the Miller-Holder Rhone Lane Sewer Easement Cleanup Project. The easement is the site of a 69-inch wastewater pipeline that transports at least 10 million gallons of water daily to area reclamation plants.
To access that pipeline, the district said items in the way — including backyard swimming pools — must be demolished.
The district’s communications director, Jennifer Cabral, has said that agreements are in place with owners of 13 of the 29 properties on the block of Rhone Lane. The majority of the rest of the homeowners are involved in the active litigation.
In a statement Monday, the district said that it remains focused on ensuring access to critical regional wastewater infrastructure that protects public health, the environment and the communities it serves.
“The sewer pipeline within the Miller-Holder Rhone Lane easement serves thousands of residents and plays an essential role in preventing sewage spills and system failures,” the statement read, in part. “Maintaining clear and safe access to this infrastructure is necessary for worker safety, regulatory compliance and long-term system reliability.”
O.C. San said it is continuing work within the easement with the parties who signed settlement agreements.
Scott Monastra, whose pool is set to be demolished, is one of the residents who signed such an agreement back in 2024. He wrote an email to Cabral on Sunday, asking for the utility to pause its planned work in light of the court’s ruling last week. She replied that the ruling did not affect the work that was stipulated in the agreement.
Monastra said O.C. San representatives came to his house Monday and said that they would start tearing things down on Tuesday. He said he paid to have a covered patio installed in his backyard, which was also set to be demolished, deconstructed and stored on the side of his house.
“I’m so happy for the guys that didn’t sign [the agreement], so they can keep continuing to fight this,” Monastra said. “I hate to use the word, but we caved. I could see how much [the fight] was going to cost ... It’s just a frustrating situation.”
