NEWPORT BEACH DOCK OWNERS ASSOCIATION SETTLES BROWN ACT LAWSUIT WITH CITY OF NEWPORT BEACH
Today the 1,000 residential dock owners of Newport Harbor, represented by the Newport Beach Dock Owners Association, announced it has settled its lawsuit filed in February 2013 against the City of Newport Beach for violating the Ralph M. Brown Act.
“It is unfortunate that we had to sue our own city to restore the equity in our docks that they stole in passing the Dock Tax. The Dock Tax was an unnecessary money grab that while distasteful, paled in comparison to the city stripping us of the property right to our residential pier,” declared Bob McCaffrey, volunteer chairman of the Newport Beach Dock Owners Association & Stop the Dock Tax. This property right is estimated at $1 million in some cases.
The settlement (you can read it here) was executed last week by McCaffrey. We agreed to not initiate discovery, including depositions of councilmembers and key staff in return for;
The 1-year permit has been replaced with a 10 year permit that renews for an additional 10 years.
Upon sale or transfer of the upland homeowner, the pier permit must transfer to the new owner.
50 year total term, similar to the leases in Beacon Bay.
“Anytime government takes a million dollars in our value we will fight, sue, and make changes at city hall,” declared McCaffrey.
McCaffrey concluded, “Stop the Dock Tax PAC will wind up its affairs shortly. The Newport Beach Dock Owners Association will remain active. We will make an announcement in the next few weeks about our plans to make sure tax paying residents are never again forced to sue our city to protect our property from an overbearing government.”