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San Diego law practice

December 19, 2008 -

Beachmen in Black

The feds have stepped in on two ongoing coastal disputes in Southern California in the last few days:

> Posted by Chuck at 6:45 am. No Comments


March 17, 2008 -

Lifeguard Tower Red-Tagged

Interesting that as things heat up again over the use of the Children’s Pool in La Jolla as a seal refuge, the lifeguard tower there gets red-tagged due to the city’s ongoing failure to maintain its property.

The building might be unsafe, but the people in it have too often seemed to be the only one’s in the area capable of mature and reasoned thought. Who will provide adult supervision for the children now?

> Posted by Chuck at 5:36 pm. No Comments


December 14, 2007 -

“This is the case that never ends”

Despite the California Supreme Court’s ruling in November ending litigation over city management of the Children’s Pool, and ordering the city to restore the beach area to the conditions set by the trust that gifted the land to the city, the parties will reportedly be back in court in January to hear arguments on whether the city can comply with a National Marine Fisheries Service request that the city take steps to protect birthing seals at the beach from January until May. Details in this Union-Trib article.

> Posted by Chuck at 11:51 am. No Comments


December 3, 2007 -

Final Decision: La Jolla Children’s Pool

California’s Supreme Court rejected an appeal last week, effectively ending the litigation over use of the La Jolla Children’s Pool that had various groups concerned about the seals living there arguing that the original deed gifting the property was ineffective at limiting that use as a protected children’s swimming area.

San Diego City Council President was interviewed about the future of the beach here.

San Diego Union-Tribune article on the issue is here.

> Posted by Chuck at 1:30 pm. No Comments


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.

> Posted by Chuck at 7:37 am. No Comments


February 22, 2007 -

More Laws


San Diego is considering an ordinance against harassment of harbor seals at Children’s Pool beach in La Jolla. The proposed measure defines harassment as causing disruption to the seals’ behavioral patterns, such as “chasing after, yelling at, throwing objects at, or getting into close proximity” with the animals.

No word on whether there will be similar legislation to protect tourists from harassment by the animal rights activists in residence at the cove.

> Posted by Chuck at 7:21 am. No Comments


New Year's morning: The crowd at the Del Mar beach at about 10:50 am, about ten minutes before the official New Year's plunge.

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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.
Wave Ride Net Surfing and surf spots




White Knot

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