A developer who wants to build hundreds of houses on the now-closed Escondido Country Club golf course had his day in court Thursday. His attorney challenged the city of Escondido, arguing it illegally rezoned the golf course as permanent open space, after the developer had bought the land.
In oral arguments, attorney Edward Burg, representing developer Stuck in the Rough, said it was inconsistent with the smart growth principles in the city’s general plan, which favor increasing density in urban areas. He also said it was unlawful discrimination to pass an initiative declaring the golf course open space simply to block development on the land.
The city’s attorney, Robert Bower, argued the initiative was not discriminatory. It was designed to keep the status quo, not to prevent housing being built, Bower said.
The developer, Michael Schlesinger of Stuck in the Rough LLC, bought the golf course in 2012 and shut it down a few months later, saying it was not financially viable.
He proposed building 430 homes on the site, saying the zoning allowed up to 700 homes. Neighboring residents protested and drew up an initiative, which the city council adopted in August 2013, declaring the golf course permanent open space.
After Schlesinger's counter initiative, Proposition H, failed on the November ballot last year, he proposed in December a smaller project with about 200 more high-end homes.
But the city would not agree to negotiate with him unless he agreed to drop his lawsuit, which he refused to do. Schlesinger accuses the city of an unconstitutional "taking" of the value of his property by changing the zoning on the land after he bought it. He has threatened to bankrupt the city with his lawsuit.
Judge Earl Maas III heard oral arguments in Vista Superior Court Thursday, with a couple of dozen people observing the proceedings. Rather than issuing a ruling, Maas asked both sides to submit to him by the end of the week what they would like the court to rule.
He said he would not issue his ruling until the week after that.
Mike Slater, president of the Escondido County Club Homeowners Association, the residents’ group protesting the development, said he is frustrated with the time it is taking to resolve the issue.
But attorney Ken Lounsbery with ECCHO said he is prepared for a long legal battle, whatever the outcome of this particular motion.
“Everyone wants a dramatic finale," Lounsbery said. "What I’ve advised is, if our position prevails, we shouldn’t be turning cartwheels. And if it doesn't, we shouldn’t be crying in our beer because it’s only part of a rather extended process.”
The judge asked both attorneys what their actions might be once he had issued a ruling. Burg said if the developer prevails he would “go back and attempt to develop a plan” the city can accept. But if he lost, it would have a “severe impact” in terms of the claims the developer would make against the city for what he argues is an “illegal taking“ of the value of the property.
Bower said if the judge’s ruling goes the city’s way he believes the developer will no longer have the ability to appeal for damages under the “taking” provision.
The judge’s decision not to issue his ruling for two weeks gives the city time to hold an already scheduled workshop next week for residents to weigh in with what they’d like to see on the site. Slater said a survey of nearby residents suggest 45 percent would like to see the golf course reinstated and about 45 percent would be willing to see some development along with a reduced golf course.
The workshop is scheduled for March 5.
