Here's an update to the previous posting's press release. What always makes “the law” so interesting is how it’s always looking in the rear view mirror after the train wreck. For example, this hearing on Tuesday before the BOS to hear, discuss and re-consider and possibly act on the Coastal Commission's appeal – but nobody else’s appeal – is decidedly odd to me, since its been cherry picked and makes clear that while the BOS pretends that it treats all appellants equally, it’s plain that some are created MORE equal than others. That is, the Coastal Commission’s appeal is getting a very special hearing of its own. Everyone else is chopped liver. And that’s o.k. with the court. And later, if and when it can be shown that “real harm” has been done to some appellant by this move, the court can then dismiss the case as “too late.” A perfect Catch-22, damned if you do, damned if you don’t. The danger here in making some appellants more equal than others is that it may tick some appellants off so they’ll sue which can then delay things and create an ever bigger mess further down the line. And if Mr. Edwards is correct and . . . the Coastal Commission is . . . unclear? Uhhnnnhhh, does all this sound hideously familiar? Well, stay tuned.
November 20, 2009
The request by Los Osos developer Jeff Edwards for a Temporary Restraining Order was denied by Judge Teresa Estrada-Mullaney, wherein Edwards asked the Court to postpone the County Board of Supervisors hearing on the Los Osos Wastewater Project set for Tuesday, November 24, 2009 . In the early morning exparte hearing, Edwards was unable to convince the court that the outcome of the Tuesday hearing would irreparably harm him at this time.
Edwards waived his right to a December 3, 2009 hearing to further consider the main issue. Unfortunately the central question of proper procedure being employed by the County for changes to the wastewater project wasn’t heard. Among other issues, an unintended consequence of the County’s Tuesday hearing may render his pending Coastal Commission appeal moot. Edwards who has 25 years experience in Coastal land use issues cautioned, “This is uncharted water and even Coastal Commission staff is unclear as to what will happen as a result of the intended Board action on Tuesday to the 23 appeals.”
Jeff Edwards can be reached via cell phone, 805-235-0873