Landowner sues County and its officers in connection with property right violations

For over 20 years the owners of Liberty Garden, the Shaw’s, have been unable to construct buildings. This is because permission by the local government has been withheld. o­n September 12 2001 the Shaw’s filed suit in Santa Cruz County Superior Court against the County government and four county government employees for:

Court orders County Planning Department to issue Shaw electric permit
 
Zoning administrator Glenda Hill, Environmental coordinator Kim Tshantz, and Planning Director Alvin James coordinated to illegally block connection of electric power to a permitted well at Liberty Garden. The Superior Court ordered the County to issue the connection permit. The Department’s internal “policy”, that asserted electricity to an approved well was a discretionary power held by the department officer, was negated by the ruling. The court refused to award Shaw’s attorney fee costs at this stage of the litigation. Upon notice of the Court’s refusal to award fees current Planning Director, Tom Buns, reinstituted essentially the same department policy that the court found objectionable.

Shaw asks court to issue an injunction preventing continuation of County’s street sweeping dumping at Liberty Garden

Public Works Director, Tom Bolich, and the County have been named in connection with the Department’s routine dumping of mid-county area street sweepings at Liberty Garden. The dumping o­n this private land began in the mid 90’s. The dump site immediately drains into the ecologically refreshed Singer Creek which flows through the heart of Liberty Garden. Discovery is progressing. Trial o­n this issue is expected in fall 2006.

Other causes of action, including civil rights violations and inverse condemnation, will be chronicled at a later time.