Flanders preservationists win court battle.
Wednesday, March 17, 2010
Monterey County Superior Court Judge Kay Kingsley handed preservationists a victory Tuesday, March 16 when she ruled that the city can't sell the seven bedroom English Tudor Revival mansion —at least for now.
Kingsley ruled that the city's Environmental Impact Report was inadequate because it failed to consider alternatives to a Flanders sale. It didn't consider the option of sellng the home minus some of the surrounding acreage or the impact a sale would have on Mission Trails Park, where Flanders is located
Carmel voters overwhelmingly opted to put Flanders on the block last November, but Flanders Foundation attorney Susan Brandt-Hawley says Kingsley's ruling invalidates the election.
Carmel attorney Richard Harray says, "No, not necessarily." He argues that the city might simply have to go back to the drawing board with its EIR. "It might not put a stop to everything," he says.
It is certain that the decade-long, nearly million dollar battle will continue.
Carmel Mayor Sue McCloud couldn't be reached for comment, but Brandt-Hawley says she's happy to discuss a settlement that would include a lease of the property.