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September 8, 2007 -

Appeals Court Rules On Children’s Pool

From today’s San Diego Union-Tribune:

A state appellate court yesterday upheld a judge’s 2005 order requiring the city to restore water quality to Children’s Pool beach in La Jolla by dredging the bacteria-laden sand and shooing away a colony of harbor seals.

The case is far from over, as the article notes, due to the number of various administrative permits that the city must obtain to comply with the court order confirming the validity of the trust deed that granted this stretch of beach to the city.

As summarized by the Union-Tribune:

Yesterday’s ruling reaffirms a decision by Superior Court Judge William C. Pate. He ruled that by allowing the cove to become polluted by seal feces, San Diego had violated the terms of a 1931 trust transferring ownership of the beach from the state to the city.

The trust requires the city to maintain Children’s Pool exclusively for recreational purposes and as a public park and swimming area for children.

Pate said the city is obligated to restore Children’s Pool to the condition it was in 1941. The beach, which is unique along the local coast in that it’s protected from waves by a crescent-shaped sea wall, was a traditional spot for teaching children to swim in the ocean.

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Interesting Sites

70 Percent Good site focusing on reporting and documenting break conditions for waveriders
Coastal Marine Resource Center Non-profit from the New York-New Jersey Harbor Bight
Free PB Opposition to additional beach regulations at San Diego’s Pacific Beach
Race for the Oceans A forum for swimmers and swimming fans to dive in to ocean conservation.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.