Lakes at Escondido Securing Property for Safety and Liability

ESCONDIDO, Calif., Sept. 26, 2013 /PRNewswire-iReach/ -- Safety concerns and vandalism at the former Escondido Country Club, now the site of future residential development The Lakes at Escondido, necessitates fencing the 111-acre property as a legal dispute with the City of Escondido works through the courts. The project begins today.

"We've heard legitimate concerns raised by neighbors and members of ECCHO about safety along with acts of vandalism causing thousands of dollars in damage requiring the owner to file multiple police reports while the property sits vacant," said Erica Holloway, spokesperson for The Lakes. "We take these concerns seriously and believe the best course of action for the community and the ownership is to provide additional security by fencing the perimeter."

Since the three-time-bankrupted country club closed on April 1, The Lakes at Escondido took several property protection measures, including:

• Hiring an on-site security company to patrol the property daily, which has noted more than 200 incidents of trespassing;
• Establishing a neighborhood hot-line to manage and respond to property concerns;
• Conducting regularly scheduled on-site meetings with the City of Escondido code enforcement; and
• Posting a $10,000 reward for information leading to the prosecution of the vandalism and trespassing on the property.

The property has remained fully compliant with city codes and has not received any fines. However, the recent breaking of a glass door and defacing of property signs, among other mounting property safety concerns, indicate a pressing need for further precautions. As per Escondido City code, the barrier will be a 6-foot-high chain link-style fence along the entire perimeter except near the entrance to allow patrons into Expressions Hair Salon.

The country club closed on April 1 after experts determined it would lose $300,000 in 2013, not including the $2 million in deferred maintenance needs. A publicly-circulated petition, projected to cost ECCHO members $500,000 in legal and consultant fees, blocked the owner's ability to develop the residentially-zone property when the Escondido City Council voted to down-zone the land to open space.

The owner is fighting the rezoning through a lawsuit against the City of Escondido to affirm his Constitutional property rights and the 50-year-old residential zoning. The property now includes a covenant restricting sale for non-development.

In two recent court hearings, Judge Earl Maas of Vista Superior Court noted the case raises "takings" concerns, a legal term referring to government seizure of property requiring it to pay for the property valued at its best and highest use. Prominent property rights experts note this could be a landmark case as such judgments have been known to bankrupt cities.

Nationally-renowned land use attorney Michael Berger of Manatt, Phelps & Phillips, LLP has been retained as part of the owner's legal team led by Hecht Solberg. Berger received distinction in 2014 as one of America's best lawyers.

Berger has argued four cases before the United States Supreme Court, as well as cases before appellate courts throughout California, numerous federal courts of appeal and other state supreme courts.  He is also the frequent author of amicus curiae briefs in various appellate courts, particularly the U.S. Supreme Court, pressing client interests in important pending cases.

The next court date is set for November 1 in Vista Superior Court.

Recently, the property interests of Stuck in the Rough, LLC interest have been transferred to the newly-formed Lakes at Escondido, LLC. The Lakes at Escondido, LLC was formed to carry out the residential development of the property as dictated by the intended 50-year-old-plus zoning designation of R-1-7.

Media Contact: Erica Holloway, Galvanized Strategies, 619-796-1651, erica@galvanizedstrategies.com

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SOURCE The Lakes at Escondido, LLC

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