MALIBU—On July 27, Malibu Mayor Jefferson Wagner reported that the construction of Legacy Park may continue despite an attempt by the Santa Monica Baykeeper to halt its construction.
The Second District Court of Appeal denied the Baykeeper’s effort to block the park’s construction, which may result in the construction reaching its ending stages by October. The city describes Legacy Park as part of the city’s new $50 million project to improve ocean water quality and protect public health. Reports state that the new renovation will transform 15 acres in the heart of Malibu into a central park that will capture up to 2.6 million gallons per day of storm water and urban runoff flows from the surrounding watershed, so that it may be cleaned, disinfected and recycled. The park will also be recreated to promote important native coastal habitats and to provide visitors with open areas for recreational and environmental educational opportunities. A living learning center will be open to individuals interested in learning about coastal habitats, including Southern California’s few coastal prairies and vernal pools. The new design of the park will also decrease pollution and improve water quality in Malibu Creek, Malibu Lagoon, and the widely renowned Surfrider Beach.
In a prepared statement, the Court of Appeal indicates that the Baykeeper’s request was denied because Baykeeper failed to “demonstrate entitlement to relief.” Baykeeper reportedly filed a motion attempting to stop Legacy Park’s construction on July 19, close to the park’s completion. Baykeeper has appealed against the trial court’s decision to allow the project to continue, and the new appeal is expected to be heard in 2011.
“We are gratified that the court refused Baykeeper’s request so the City of Malibu may continue to move forward with the opening of Legacy Park, a project that’s won praise from other environmental organizations for the important contributions it will make in protecting the environment,” stated Wagner. “The City is anxious to get this clean water project operational before the next rainy season.”
Baykeeper, reportedly the only organization to disapprove of the Legacy Park plan, filed a lawsuit in April 2009, challenging the park’s environmental impact report. In December 2009, Baykeeper’s challenges against Malibu’s clean water program were dismissed by a judge, who was reportedly an expert in environmental quality law.
The city reports that Baykeeper appealed the ruling on March 4, 2010, and made a request more than two months later to block the Legacy Park project until the appeal was completed. Baykeeper’s motion was denied on July 21, which will allow the project to continue.
