One of the many lawsuits involving the Balloon Track property in Eureka will be heard in Humboldt County Superior Court Wednesday.
A newly formed group called Citizens for a Better Eureka (CBE) sued the California Coastal Commission (CCC) in February to challenge the CCC’s authority over the property. CBE is represented by Pacific Legal Foundation (PLF), whose Board of Directors once included Balloon Track owner Rob Arkley, Jr.
PLF lawyer Damien Schiff told KINS radio Tuesday that the lawsuit is “designed to tell the Coastal Commission to ‘butt out’ of this process.” Schiff said the Commission doesn’t have power to change or stop the so-called clean-up plan approved by the Regional Water Board and the City of Eureka.
But the Commission has yet to take any action on the plan, which was appealed to the CCC by environmental groups, local attorney Ralph Faust, and Commissioners Mark Stone and Ross Mirkarimi. A hearing on the appeal is being stalled by Arkley — who refuses to supply information requested by the CCC.
Arkley and his representatives have leaned heavily on the Water Board’s approval of the plan to argue that it should be implemented without further regulatory oversight. But Water Board Executive Officer Catherine Kuhlman cut the legs off that argument with an April letter to Arkley’s Security National Corporation.
“Our concurrence with your SIRAP was conditioned upon your obtaining all required permits, including a coastal development permit, and was not intended to, nor do we believe it could, supplant the independent regulatory authority of the Coastal Commission or any other agency,” wrote Kuhlman.
The hearing is scheduled for 1:45.
OK – back to a more relevant topic. The main question being, imo, can Arkley really afford to pay for anything right now? He is certainly not paying his current debts. What is the point of all this? It’s just costing everybody time and money.
Judge Feeney will be hearing the case.
Ten bucks says he’ll punt the whole thing to the next higher court. This thing’s too hot for a local judge to handle.
The California Coastal Commission has literally fought this a million times before. This cuts to the core of the mission they were tasked with.
It’s just another stalling tactic for Arkley, a gift from the PLF for the thousands (millions?) he’s given them over the years.
Another case of him calling in a favor from the recipient of his philanthropy. Sound familiar, Eurekans?
Which begs the question, What is a “hat argument?”
I think it was that, not hat, that was meant. I am always amazed how Arkley does his level best on every occasion to skirt the process. He can’t seem to drop the habit. I costs him very big bucks to keep his legal balls in the air and in the end, it will be process that wins the day. What is that kind of behavior called? Does he think that the laws are only for the little guy, get a big enough group of lawyers and everything will come out in his favor? OJ pulled it off for a while.
Im with you. And regardless of when and where, I will be shocked if they rule against the CC.
Ha! missing “t” – but good catch. Now, back to the question…besides stalling, what’s the point? Demonstrating political favor or dis-?
Ya the strategy seems flawed. I have to think they would be way further ahead if they kept the negotiations civil. I think there is a valid point that the CC having jurisdiction over this property is odd, and not really their mission – but the reality of bureaucracy in CA renders this train of thought irrelevant.
Is Arkley going to be able to push the Baykeeper suit trial date past the November Election? Perhaps another pregnancy at the offices of Briscoe Ivester & Bazel LLP to help the cause?
I think money is the big issue here. Thus, all the stalling and posturing. If not, SN should make good on what they owe people now and then pursue the Marina Center and whatever else they fancy.
Arkley fired Bazel and is now represented by Downey Brand, LLP of Sacramento.
Did he pay his Bazel bill before he fired em?
I think this is more legal theater than any sort of real case. Kinda like the Big Box by the Bay zoning change measure on this Nov.’s ballot.
You know, tra, your moniker fits well :)
It’s a fair question given recent events, and I don’t know the answer.
Doubtful, if his other outstanding debts are any indication. There seems to be a missing link there in terms of fulfilling financial obligations. If Arkley has convinced himself monies owed are not deserved, it doesn’t seem to matter that they are, in fact, still debts.
Surely even he isn’t stupid enough to stiff a law firm. Oh wait, I take that back.
Arkley’s not stalling over money. Indeed, it is costing him considerably more to keep all these legal balls in the air, than if he were to just buck up and comply with the CCC and the State Lands Commission (with whom he is also stalling in regard to resolving boundary disputes over public trust lands adjacent to, and including parts of, the Balloon Track).
He is stalling because the end game is nigh. He has gone as far as he can without hitting a wall (i.e. made it past the Eureka City Council and the regional water quality board). State Lands and the CCC are the insurmountable wall for him. Ergo, the stall. His $6 million propaganda campaign against Bonnie, Bill Pierson, Larry Glass, et. al. has borne some fruit – witness how far a clueless pol like Virginia has gotten – so, he figures, why not draw it out as long as he can – or at least long enough for him to (at least) knock off Bonnie? Count on him throwing money at this thing to at least make it past the November elections.
Remember, this guy is pathologically vindictive.
It is about Bonnie, and about his concept of land use with no restrictions. He is also concerned the CC will rule that he has to do a real cleanup. It is their responsibility to make sure coastal development follows all state guidelines. From his point of view they are traitors to the developer’s code. That is a developer can do anything he wants on his own property. His only responsibility is to see his money grow.
He’s not paying a lot of people, including law firms – stupid or not, probably not a matter of choice. I’m not sure if the stalling is politically motivated. Maybe. But, just saying, he’s not paying his bills and it’s bad business if he’s trying to convince people he’s serious about developing the Marina Center.
Arkley’s all about money. This is just his job. All his posing and posturing is simply designed to change the zoning on the Balloon Tract and double/triple the land value. I remain convinced he has no intention in developing the property.
I would be totally shocked if any lower court were to overturn Coastal Commission authority. The best RA could hope for would be a very specific ruling on his piece of property and even that’s unlikely.
The man’s middle name is “Stall”. For what, only time will tell. I still see WalMart’s nose peeking under the tent.
If SM @ 6:58 is correct and this does triple the value of the property, I hope Arkley will be in a better position to pay his debts. I still don’t see WalMart lying in wait behind the scenes or Arkley wanting to go that route. Just not sure Home Depot is in the picture either. I agree, the intent to develop at this point is questionable.
I want to see this project happen, not to just provide jobs for a depressed area, but to increase the value of my real estate holdings which have been hit hard by deflation and the inability of banker scum to write loans.
Eureka needs either investment or a tsunami- you hippies can take your pick as both offer benefits to the area. Maybe after the NAU turns 101 into NAFTA, which is shown on the trans texas corridor map, places transponders in every car to toll by the mile and track all movement- we could get some corporation to move in to hire our students from CR and look beyond fake degrees.
215 helped Eureka come out of the 1980′s look of empty storefronts, rotten buildings along the main drag, and plain old human garbage crawling through the wreckage-
look at how fast it has turned back.
The future is in private security as property taxes will increase while they lay off government slime, leaving a third world battlefield with no security for those who are left behind. Larry will have long searched all Eureka homes and taken all the weapons from “property owners” and they will be there for the prey of a mutants from SF that only need a tank of gas to reach “remote” Humboldt County on the freeway.
Eureka will look something like Bagdad with walls, gunfire, barking dogs, checkpoints, beheadings, crime, and no future for children- oh wait-
we’re nearly there now.
In short- either build the future or fight the zombies that a destroyed economy will create.
myself, I pray for the tsunami because Eureka is so broken only a clean slate can repair the damage.
Black Flag,
Is it ok with you if “banker scum” are behind the Marina Center development? Is that what you are saying?
Jobs? I know you won’t be working there because you are independently self – suffiicent you don’t need to work for anyone, correct?
Since the majority of workers at a big box will qualify for social services are you in favor of this kind of taxpayer subsidy? Are you in favor of increasing the size of the police and fire departments by 10 to 20 percent to service the Marina Center? Are you in favor of that kind of taxpayer subsidy?
And since obviously you won’t be buying the cheap Chinese crap that will be sold there you won’t be shopping there.
I just don’t see any upside for you.
have a peaceful day,
Bill
Black Flag,
Are there any “banker scum” here in Humboldt County? Please name them if you can.
have a peaceful day,
Bill
Yes Bill, and the 1.4 jobs lost for every 1 job created by a big box. That’s really going to help the economy of Humboldt County.
“Banker scum” will most certainly be writing a loan for this project if it happens.
Black Flag has been watching too many Science Fiction “Armagedon” type movies.
The BEMs are coming!! (BEMs = Bug Eyed Monsters)
Pray for a Tsunami!!! What a Rube!
Here’s to hoping Black Flag sells his property to dirty hippies for half of what he paid (’cause who else has cash anymore) and moves to Arizona.
Reigning in the Coastal Commission would be a good thing. The unintended consequences of this and other over regulation is that local developers cannot afford the steady drip, drip, drip of lawsuits and often nonsensical hoops between concept and completion, leaving projects such as these to large, out-of-town conglomerates who can afford the time, lawyers and immense overhead.
The truth is that a pure profit motive would have to develop the Balloon Track from property line to property line in order to make financial sense. Is this what everyone really wants?
Yes you’re right. We want little-to-no regulation just like the mortgage and banking industries and the oil drilling industry so we can have more financial meltdowns and environmental disasters that we would love to pay for.
That’s what Sharron Angles says – the oil industry has been over-regulated.
Most of the goods manufactured in China are better made than the crap Americans were producing in the decade before the American Capitalists started shipping their factories to China.
American unions were at nearly their weakest point in history then, so they can’t be blamed.
No, this whole scenario is what happens when Capital has control and Labor is powerless, as it is now.
Chris, if you do it right the first time, play by the same rules, and try to do a good job, you can usually keep things moving along. Rob has done None Of The Above. Now it comes back to bite him.
Here’s a likely scenario. BayKeeper prevails in August, causing Union Pacific and Security National to actually do a thorough cleanup. Property value soars. Arkley sells, possibly to WalMart or some equally as invasive a corporation. NO good light industrial jobs result and we’re stuck with even more useless retail with no industrial base to support it. The sucking sound you would hear would be our money leaving town (maybe for ‘better jobs’?). It’s possible that a buyer could include some industrial park type of development, but unless we keep insisting, it won’t happen.
So on we go. One small step towards doing it right and many more steps yet to take.
When pigs fly Mouse.
Another, far more likely scenario if Paykeeper wins, is that the land will sit fallow for at least another 50 years.
The Coastal Commission is just one example of California’s deserved anti-business reputation. California is on the verge of declaring bankruptcy and still business cannot get anything done.
Here a thought; for all of you with your good light industrial jobs, offer to buy it from SN. I bet they aren’t that attached to it. Then, you can do a “proper” clean up, and develop the property with your fool proof business plan.
Also, removing some of the CC’s power is nothing, nothing, not even in the same galaxy, as deregulating oil or banks.
Trust me, if you have the pleasure of working with the CC to try to get one of your projects approved – you most likely will reconsider how “important” the CC is. They were supposed to protect BEACHES, not slap their big balls in everyone’s face who is working near the coast. They are notorious for ridiculous and unreasonable mitigation for things. Their staff come across to me as idealistic, biased individuals who use their discretion to play judge and jury on issues as opposed to following existing law and president. Much like our counties planning division and supervisors. Wait… are they connected in any way??
So from his post HiFi appears to be agreeing that RA & Co have no intention of doing the cleanup required to get the project off the ground. Which is what a lot of us have been saying all along.
Looks like english is Titan’s second language?
Oh, ok, so you DIDN’T say up there in black & white that the land would likely “sit fallow for at least another 50 years” if Baykeeper wins. That statement makes the assumption that RA won’t do what is required (cleanup) to develop it if he loses. English 101 dearie.
RA has already proposed an adequate cleanup Titan.
Your opinion of adequate means nothing, HiFi. It’s the job of the CCC to determine what is adequate and what is not. Until Arkley provides the necessary information to the CCC, they won’t be able to make their decision. All the whining and filing of appeals won’t change that. If Arkley really wanted this to move ahead, he would just comply with the CCC, who has the legal jurisdiction, and stop trying to mold public opinion with lies and manipulation.
“Adequate”. There’s the rub. In RA’s view that equates with cheapest.