City of Palos Verdes Estates Agrees to Settlement of Parkland Lawsuit
A video of the City of Palos Verdes Estates Council Meeting to approve the settlement is available here.
Today the lawsuit over the Panorama Parkland was resolved. The Parties* found common ground on their mutual priority for preserving parkland. The lawsuit was originally filed by John Harbison and CEPC to unwind a sale of parkland property from the Homes Association to the Luglianis. The property was conveyed by the City to the Homes Association as part of an agreement between the City, the Palos Verdes Unified School District and the Luglianis. The Court of Appeal held \”the public did benefit from this litigation namely through the protection of a public park.\” Under the settlement, the Luglianis and the Homes Association will comply with the provisions of the CC&Rs that allow for re-designation of land use with the consent of the neighboring property owners. Harbison and CEPC support this re-designation in light of two facts: (1) the City is going to deed restrict the Bluff Cove properties (approx. 4 acres) along Palos Verdes Drive West (that are currently R1 Residential zoned) by imposing the same restrictions that are on all other City-owned open space. As a result, the City of Palos Verdes Estates will enjoy a net increase in deed-restricted open space property. (2) Unlike the original sale from the Homes Association to the Luglianis, under the agreement, the Homes Association will employ the proper mechanism under the CC&Rs including the explicit consent of the public within 300 feet of each property. The Agreement will create a view easement and restore natural parkland for the public to enjoy. All Parties affirm the continuing legal validity of the deed restrictions maintaining parkland. In addition, the Parties are resolving the ROBE Quorum litigation creating a more democratic election process for the Homes Association.
All Parties are pleased to have found a solution that increases parkland for the benefit of our residents. The Luglianis agreed to restore the flat portion of the Panorama parkland properties (approx. 0.4 acres) and return that to city ownership for the residents to enjoy. The Homes Association and Harbison were instrumental in identifying the portion of the property of most value to the community. The Homes Association is helping to fund the restoration.
This settlement completely resolves the lawsuit over Panorama Parkland.
*Parties to the Agreement are Citizens for Enforcement Parkland Covenants (CEPC), John Harbison, Palos Verdes Homes Association (Homes Association), City of Palos Verdes Estates, Ried Schott, Residents for Open Board Elections (ROBE) and Robert and Dolores Lugliani (the Luglianis, property owners of 900 Via Panorama).
