Neighbor to 71 Palomar in SLO sues for trespassing


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A controversial housing project under construction in San Luis Obispo, whose approval was already challenged in court last year by its neighbors, now faces a lawsuit from another for trespassing.

The owner of a small vacant parcel at 75 Palomar Avenue—adjacent to the 33-unit apartment housing project under construction at 71 Palomar—is suing the developer, alleging that he's "overburdening" an easement by performing grading, staging equipment and materials, and installing construction fencing on the neighboring parcel.

In the suit filed in SLO County Superior Court on Sept. 24, the landowner, 81 Broad Street LLC, also claims the developer, Loren Riehl, intends to plant three Norfolk Island Pine trees on the property, as mitigation for having removed several other trees on the site. The suit claims that the easement is for "ingress, egress, parking, landscaping, and incidental purposes" only.

Roy Ogden, 81 Broad Street LLC's attorney, told New Times that his client wants to have the option to develop the property in the future.

"With the advent of tiny houses, there's always the expectation that the parcel would at least be available if that was something the city was interested in allowing," Ogden said. "I personally tried to work out a resolution so that my client's property rights would be protected and they could finish their project, and they refused. So that's why we had to file a lawsuit."

The lawsuit asks that the court extinguish the easement on the property and order the developer to discontinue construction activities and tree plantings on the parcel.

Riehl did not respond to a request for comment from New Times before press time. Δ


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