Streetscape opponents file suit against Encinitas
Henry - May 3, 2018
group of people who've asked the state Coastal Commission
to block Encinitas' plans to eliminate two vehicle lanes along
much of Leucadia's part of Coast Highway 101 now have filed
a lawsuit against the city, seeking the same ends.
group's attorney, Escondido lawyer Everett DeLano, said that
the lawsuit, which was filed Monday in Superior Court, is
a backup plan for the group, which is led by Encinitas resident
kind of the classic preserving your rights (situation),"
order to mount a court challenge to the City Council's recent
approval of what's called the Leucadia Streetscape project,
his clients need to meet city filing deadlines and get their
court paperwork in now, even though they'd rather wait until
the state commission rules on the appeal they filed last month,
he added, that doesn't mean the court case will move forward
at this time. The judge will likely issue a stay order until
after the state commission has had its say. That's what typically
happens in these cases, he said.
city officials have a policy of not commenting on pending
hours of public testimony at a March 21 hearing, the City
Council voted to certify environmental documents for the project,
which has been in the planning stages for more than a decade.
call for overhauling a 2.5-mile stretch of Coast Highway from
La Costa Avenue to A Street, giving the roadway six traffic
circle roundabouts, as well as bike lanes, sidewalks and many
beautification measures. To create space for the various improvements,
the city is proposing to eliminate one vehicle lane in each
direction for much of the route.
their appeal to the Coastal Commission and in their new lawsuit,
the members of the Encinitas Residents Coalition contend that
the vehicle lane eliminations will make the highway's already
troublesome traffic congestion far worse. These extensive
delays will reduce people's ability to visit the beach or
enjoy a drive along the historic coastal route, they write.
23-page lawsuit contends that the project's environmental
assessment fails to adequately address the project's likely
impacts to air quality, noise and traffic conditions among
asks the judge to issue a temporary restraining order, preliminary
injunction or permanent injunction, and it seeks reimbursement
of attorney's fees and any other relief the court "deems
just and proper."
Coastal Commission has received several appeals related to
the Leucadia Streetscape project and its staff have indicated
that a hearing could occur later this year, but not before