No decision yet in Balloon Track case
Balloon Track watchers are still waiting for a decision by California’s 1st District Court of Appeal following a June 11th hearing in the case against the California Coastal Commission (CCC). The case was brought by the innocuous-sounding “Citizens for a Better Eureka” (CBE).
KMUD news interviewed attorneys on both sides of the case Wednesday (fast forward to 24:52).
CBE is represented by the Pacific Legal Foundation. Attorney Damien Schiff says the CCC has no authority to interfere with the City of Eureka’s approval of Phase 1 of the Marina Center project, which would relocate wetlands, remove old foundations and rail tracks and grade the site to control weeds.
CCC attorney Christopher Peterson said the only thing the CCC has done at this point is to find that appeals to the approval of Phase 1 raised substantial issues. A hearing was never set on the appeals due to stonewalling by property owner Security National. Peterson said the CCC supports cleaning up the Balloon Track and has gone along with interim measures, but the specific proposal in Phase 1 is about “much more than that.” He said Phase 1 is the first stage of preparation for future retail development which doesn’t have anything to do with the clean-up.
The court has 90 days to issue a decision on CBE’s appeal of the lower court’s decision to toss the case.