Court Rejects City and County’s Motions
This morning Superior Court Judge Gregory Alarcon denied motions by the City and County of Los Angeles to dismiss the Venice Stakeholders Association lawsuit which alleges that the City and County have maintained a public nuisance on their park land, parking lots and the Boardwalk at Venice Beach.
In the decision the Court cited legal authority which included:
“Government liability under Government Code section 815 et seq. may be
nuisances per se,… Such an action would not force the City to prosecute others for
nuisance on private property, but rather require the City to take action as is
necessary so that it no longer suffers a nuisance on its own property.”
Venice Stakeholders applauds today’s Court decision:
“We are heartened by the Court’s support of our position that the City and County have a
legal responsibility to abate the nuisance which they are allowing to exist in the Venice Beach Recreation Area (VBRA),” said Mark Ryavec, president of the Stakeholders. “Just like all other owners who are responsible for their property, the City and County need to be held responsible to residents for the harm we experience.”
Ryavec noted that an award of monetary damages could even be used to allow residents to hire private security to protect themselves and their families from assaults, break-ins,
trespass and defecation and urination on their private property which result from people
illegally living in or storing their possessions on nearby public park land.