Judge issues tentative El Morro ruling

Lauren Vane

In another chapter of the continuing struggle between El Morro

tenants and the state, a federal judge gave a tentative ruling this

week in favor of state parks department plans to open the area for

more public use.

Both sides are awaiting a final ruling on the lawsuit that El

Morro residents filed against the state parks department, which

alleges that plans to transform El Morro Village to public-use land

will result in environmental complications.

El Morro tenants have argued that removal of the mobile homes will

disturb animals and birds in the area that are on the list of

endangered or threatened species, therefore violating the Endangered

Species Act, said Deputy Atty. Gen. Gary Tavetian.

The creatures at the center of the debate are the Bell’s vireo,

the snowy plover and the gnatcatcher -- all species of birds -- and

the pocket mouse, Tavetian said.

After the judge gave the tentative ruling, there were two or three

hours of “very passionate, articulate, emotional” arguments from both

sides, said Ken Kramer, superintendent of Crystal Cove State Park.

Kramer said he believes most residents are waiting for the judge’s

final ruling to determine their next course of action.

On Dec. 16 an Orange County Superior Court Judge gave a final

ruling that determined that the state can allow the leases of El

Morro tenants to expire. The state has extended an offer to residents

that would allow them to remain on the property until March 31, if

they sign up by Jan. 14.

For those residents who do not sign the extension, the state will

begin the eviction process on Jan. 17. Kramer said about 10% of the

residents have signed the agreement to stay until March 31, and

Kramer anticipates the majority of the residents will sign up after

they hear the final ruling.

“We knew that this federal hearing was the last real hope the

tenants were holding out on,” Kramer said.