A group of homeowners is taking legal action against a city for failing to manage sand accumulation that has damaged their properties and obstructed public access. On July 31, 2024, Raymond J. Deshaies, Linda Silveira, Jay Kapitz, and Linda Kapitz filed a complaint in the Ventura Superior Court against the City of San Buenaventura.
The plaintiffs own properties on Waterbury Lane and Woodstock Lane in Ventura, California. They allege that since 1999, the City ceased sand clearing maintenance on Shore Drive, leading to massive sand accumulations that have caused significant damage to their homes and obstructed public access to the beach. The plaintiffs argue that storms and wind have brought so much sand that it now reaches the height of neighboring rooftops in some areas, causing retaining walls and foundations to buckle. This issue has not only affected private properties but also hindered public access to Pierpont Beach.
In previous litigation from 2007-2008 involving other residents of the Pierpont neighborhood (Wilson v. City of San Buenaventura), a court found that the City's failure to manage sand accumulation constituted a nuisance. The court's judgment stated that the City's actions or inactions created conditions obstructing free use of property and interfering with life enjoyment. A settlement agreement in December 2011 required the City to inspect Shore Drive twice yearly and maintain it to prevent excessive sand buildup.
Despite this agreement, plaintiffs claim that substantial deposits of sand have continued to accumulate on Shore Drive near their properties, forming deep drifts that damage structures, landscaping, parked vehicles, and block water drainage. The plaintiffs assert they have incurred significant cleanup costs and repairs due to these conditions.
On December 21, 2023, the plaintiffs presented a formal claim for damages under Government Code §§ 900-935.7 but received no satisfactory response from the City. Consequently, they are seeking a permanent injunction ordering the City to abate the nuisance by removing excess sand along Shore Drive.
Representing the plaintiffs are attorneys from Ferguson Case Orr Paterson LLP with James Q. McDermott as lead counsel. The case is being heard by Judge Barbara A. Lane under Case No.: 2024CUPP027816.