Fight for hiking trails going to trial: Judge throws out La Vina’s request to dismiss case

By Kimm Groshong Staff Writer
Pasadena Star-News

ALTADENA – A county lawsuit against the La Vina Homeowners Association, seeking public access to trails around the upscale development, won a small victory in court Wednesday morning.
Judge Joseph De Vanon overruled the association’s motion to dismiss the case, clearing the way for a trial to proceed.

Scott Kuhn, senior deputy county counsel, said the judge’s decision was crucial. “If we had lost, the case would have been over,” he said.

Three separate groups filed legal complaints against the homeowners association in July after attempts to negotiate a trail route through 108 acres of open space around the development failed.

The county was the first to appear in court, but the two other groups, represented by Paul Ayers and the Center for Law in the Public Interest, have a similar court appearance scheduled for Dec. 14.

The cases revolve around requirements specified in the conditional use permits and the Specific Plan, which allowed developers to build the 272-home project in Altadena’s foothills. The permits call for “a variety of easements for equestrian and hiking trails.”

“All of those documents required trails,” Kuhn said. “We feel confident that the judge and the jury would uphold and enforce those conditions and require the trails.”

County counsel and Supervisor Mike Antonovich’s office hope the judge’s decision to keep the case moving forward will motivate the homeowners association to talk settlement.

During public comment at the June Altadena Town Council meeting, several members of the homeowners association described what they view as an attempt by trail advocates to steal private land.

“That’s not the case,” Kuhn said. “We’re just trying to enforce the conditions … It’s a case about making a promise, keeping a promise.”

Ayers said De Vanon’s decision means the La Vina Homeowners Association is “in for the long run.” He said he hopes a county-commissioned analysis of the feasibility of trails around La Vina will “help get us all to the table.”

Kuhn said: “The conclusion is there are feasible routes for the trails that substantially conform to the trail alignment that was agreed to.” He said the potential trails do not go through La Vina residents’ back yards and are largely out of view of the development.

“There’s also an integrity thing here,” Kuhn said. “When projects get approved, they need to get built as approved.”

The status conference for all three cases will be Dec. 20.