Whatever
Happened To...
An update on past news
Save Sunset Beach
lawsuit backlogged
at Supreme CourtQuestion: What ever happened to the lawsuit brought by Save Sunset Beach against a developer?
Answer: The case has been sitting at the state Supreme Court for the past five years.
The Save Sunset Beach movement sought to stop a development proposed by Obayashi Corp. for about 1,100 acres of property zoned agricultural. It was to be a subdivision of what the group called gentleman farmers' estates.
To build the subdivision, on a bluff above Pipeline and Sunset Beach Elementary School, Obayashi needed the property's agricultural zoning changed to country, said attorney William Saunders, who represents Save Sunset Beach.
In 1995, the City Council voted in favor of the proposed zoning change, and the city issued the necessary permits.
Obayashi had prior proposals to develop a couple of golf courses in the early '90s, but withdrew them, recalled Larry McElhenny, a North Shore Neighborhood Board member.
"We didn't believe agricultural land should be converted to residential use," McElhenny said.
He said the land-use designation reflects the philosophy of "keeping the country country."
"The problem is getting the developers and politicians to adhere to those stated objectives," he said. "It's a lot easier for a developer to make a lot of money by converting to houses vs. agriculture."
Save Sunset Beach immediately challenged the city's decision, went to trial in 1997, and the court ruled in favor of the city.
The group appealed its case to the state Supreme Court, where it has been stuck in a backlog since the summer of 1998.
Saunders said Obayashi could have proceeded with the project since Save Sunset Beach never got an injunction, but the group believes economic pressures caused Obayashi not to pursue it.
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