Taxpayers’ Litigation Against SMMC Faces Next Hurdle

BY BILL KOENEKER

The state Attorney General’s office is seeking a dismissal of a lawsuit filed by a taxpayers group alleging the Santa Monica Mountains Conservancy misused state bond funds in developing its parks and trails plan that is currently pending before the City of Malibu, according to conservancy sources.

The unraveling of the challenge started when it was learned the law firm Stradling, Yocca, Carlson and Rauth, which represents the taxpayers failed to disclose that it represents the state of California in other bond matters. The judge imposed an injunction and the law firm apparently no longer represents the plaintiffs including the Ramirez Preservation Fund.

Neither a spokesperson for Stradling, Yocca, Carlson and Rauth, nor Steven Amerikaner, an attorney who represents the Ramirez Preservation Fund was immediately available for comment.

Conservancy officials contend the law firm which is a bond counsel to various state agencies including the state treasurer did not tell the court nor the defendants about what SMMC officials call a “blatant conflict of interest.” Los Angeles Superior Court Judge Richard Wolfe concurred. Insisting the case has been tainted because Stradling, Yocca, Carlson and Rauth had 14 months during trial preparations to possibly share confidential information with the taxpayers and their lawyers, the matter should be dismissed. A hearing date on the issue is set for next month.

The suit alleges that the conservancy improperly granted state bond funds for public park purposes including developing the trails and park plan.

SMMC officials maintain that the bonds were pre-approved by the state attorney general prior to any action by the conservancy. The AG’s office remains of the opinion that the grants were within the purview of the SMMC and the litigation is without merit.

SMMC officials insist the goal of the trails and park plan which includes overnight camping is to increase public access to the parks already owned by the conservancy and the Mountains Recreation Conservation Authority, a sister agency, and the plan would also offer trail connections between Ramirez Escondido, and Corral Canyon parks connecting National Park Service land at Zuma/Trancas canyons and Solstice Canyon Park.

The provision about overnight camping, especially in Malibu city-owned Charmlee Park has generated the most controversy.

The city council is expected to consider the plan. If municipal officials approve the plan in the form of a Local Coastal Program amendment, it then will be considered by the California Coastal Commission for certification.