Embattled Homeowner Granted Restraining Order Against City of Pismo Beach

SHELL BEACH, Calif. - Oct. 21, 2015 - PRLog -- Embattled Homeowner Granted Restraining Order Against City of Pismo Beach

(Shell Beach, CA)- A Superior Court Judge has granted a temporary restraining order barring the City of Pismo Beach from imposing a $500 a day fine, disconnecting utilities and evicting the owners from their Shell Beach Road home.

The property owner, local businessman Mike Spangler claims Pismo Beach officials imposed “unlawful zoning conditions” on his and other neighboring landowners.  Those conditions required homeowners to record a deed restriction giving the municipality near limitless control over private property.

Starting in July of this year, city officials levied a $500 per day fine when Spangler refused to allow the city to impose deed restrictions making 95% of his property personal & private open space, never to be developed.

In August, when officials posted a “Do Not Occupy” notice on his home and disconnected Spangler’s water, electricity and gas, the long-time local resident took action and with the aid of well-known land use attorney and property rights advocate Paul Beard and Michael Haupt of Glick & Haupt, blocked the city from taking any further action.

In granting the temporary restraining order, San Luis Obispo Superior Court Judge Ginger Garrett, found there was no legal basis for the city's continued enforcement action pending resolution of the litigation.

Judge Garrett ordered the City to allow the homeowner and his family to return to their residence on Shell Beach Road and to reconnect utilities.

“This is possibly the first ever restraining order by a resident against a city in the state of California,” said attorney Paul Beard, who will be back in court on behalf of Spangler in November.  At that time the court is to determine the status of Spangler’s land use issue.

In the meantime, a citizen based organization calling itself Shell Beach Vision has been established to represent other residents currently facing similar issues with the City of Pismo Beach.  A website – ShellBeachVision.com - has been created by the group to seek public input on the matter.

For more information contact:

Shell Beach Vision

ShellBeachVision.com

805-947-3038

ShellBeachVision@gmail.com