Despite a ruling affirming a decision to the contrary, San Diego builder Ure Kretowicz has vowed to continue a 30-plus-year legal battle over land use, announcing his intent to appeal to the state Supreme Court the finding that historic beach access through his Princess Street property never existed.
“They (Kretowicz) suggest the California Coastal Commission’s (CCC’s) action (requiring beach access) amounts to a ‘confiscation’ and they have a fundamental right to be free from a physical taking of their private property,” said the recently released state appellate court ruling. “We conclude these arguments are misplaced, and (San Diego Superior Court) applied the correct review standard for commission’s decision. It ruled the commission’s decisions were supported by substantial evidence of historic public use; that the public access condition ran with the land and (the previous property owner’s) failure to record the dedication did not extinguish the public’s right to access but was irrelevant because Kretowicz, a prominent real estate developer, would have learned of the permit conditions had he gone to the commission’s office.”
Kretowicz, owner of a blufftop property at 7957 Princess St., continues to insist that “we never were aware of any open use of that area,” comprising a path through his property to the beach below. “A gate there has been locked for more than 30 years. No one ever raised an issue about it.” Kretowicz said there was “no title notification” that there was an existing easement cutting across his property when he bought it, adding he didn’t learn that there allegedly was an easement until he applied for permits to remodel in the mid-’90s. Nonetheless, Kretowicz, chairman of the board and executive officer of Cornerstone Communities, one of San Diego’s most prolific builders, vowed to press on with the fight. “We will be appealing to the next level, the state Supreme Court,” Kretowicz said. “We think there’s enough issues surrounding this case that would warrant taking it to the Supreme Court.” The appellate court’s recent decision affirming the 2013 Superior Court decision in favor of the CCC was hailed by Anthony Ciani, a longstanding opponent of Kretowicz over the beach-access issue as “an important decision that may allow the public to regain a key access point to a secluded part of the La Jolla underwater park and marine reserve.” “The appellate court’s detailed judgment,” Ciani said, “supports the actions taken by Coastal Commissioners for more than 35 years to consistently protect the public’s right regarding their historical use of the trail to the beach at Princess Street. The court concluded the Commission’s (access) findings are supported by substantial evidence and rejected ‘all’ of Kretowicz’s legal contentions.” Melinda Merryweather, a longtime member of parks and beaches subcommittees who has mapped all of La Jolla’s 50-plus beach-access points, also hailed the appellate court’s decision. “I am so thrilled that the truth has won out and Kretowicz lost on every claim blocking beach access on Princess Street to the beach,” Merryweather said. “I have spent 28 years on this, and others like Tony Ciani have spent many more years, devoting time and effort to protect what belongs to us all.” Merriweather said she was thankful to so many in the community “for their years of support to protect this beach access.” “It was fortunate, when the city of San Diego was willing to take millions of dollars to allow the access to be moved, that the Coastal Commission stepped in and reminded the city you cannot buy your way out of a beach access, they lie with the land,” she said. “Please know all of you can stand up and fight for the things you believe in for our community. And yes, you can fight City Hall — and win — if the truth is on your side. Remember, we are the people, and the city works for us. When you all walk this trail to this part of La Jolla, you will understand why I gave 28 years to get it back.”