U.S. Superior Court ruled Feb. 8 in favor of the La Jolla Alta Master Council (LJMAC), a nonprofit association that consists of 609 households along Mount Soledad Road, finding the city responsible for storm drain damage in La Jolla Canyon.
The association, which has held an ownership deed for the 23-acre canyon since 1987, complained to the city in May 2003 regarding erosion caused from 42- and 24-inch drainage pipes.
The city, however, claimed no responsibility for the damage because it was allegedly outside of the easement of land it owned, according to LJAMC’s attorney Mickey McGuire, of San Diego’s Thornes Bartolotta McGuire.
“It is the type of thing where if you walk in there, it’s tremendously dangerous,” McGuire said. “Anyone who fell in would be seriously injured or would perish. They’ve had to fence the entire thing off so no one could use it.”
The canyon extends along the southwesterly side of Mount Soledad in La Jolla south of Alta La Jolla Drive, which divides the canyon into two smaller areas, McGuire said.
Although the canyon is private property, many of the homeowners used the area for recreational purposes. The site is also valuable because of its native brush and bird species, according to McGuire.
The erosion area, measured at more than 100 feet across and 60 feet deep, had been building for about a decade, but the ruling received last week will put an end to the watershed drainage, McGuire said.
A jury trial, which could be held within the next three to four months, will determine a monetary amount of compensation that LJAMC will receive in lieu of damages, according to its attorney.
The case was based on a citizen’s right under Article I of the state’s Constitution, which prohibits the taking or damaging by the city or state of an individual’s property without first paying compensation, McGuire said.
“This is a constitutional rights case,” he said. “It becomes an inverse case because the damage party came to the city and said you haven’t offered to pay anything.”
Although he was unsure of exact damages, McGuire said he estimated the cost of repairs to be in the multiple millions of dollars.
Because the canyon is a protected habitat, many agencies such as the Fish and Game Commission, the California Coastal Commission, the California Water Board and the City have to approve the repairs, which McGuire said will consist of a lot of high-maintenance grading to undo the damage.