header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Clear
Clear
61°F
 
Calendar
Today in
S.C.V. History
October 30
1984 - NTSB revises probable cause of 1982 "Twilight Zone" deaths after director John Landis appeals [story]
John Landis


| Friday, Mar 29, 2019
Canyon View Mobile Home Estates hillside solar panels in Canyon Country. | Photo: Stephen K. Peeples
Canyon View Mobile Home Estates hillside solar panels in Canyon Country. | Photo: Stephen K. Peeples.

 

In response to the city of Santa Clarita’s lawsuit over solar panels, the owners of Canyon View Estates in Canyon Country have filed a motion looking to dismiss the city’s complaint, and the city has responded in opposition to the motion.

The defendants, including Canyon View managing partner Kerry Seidenglanz, filed a motion for judgment on the pleadings with the Los Angeles County Superior Court on March 15 and asked the court to grant the defendants’ “judgment on the pleadings, without leave to amend” in regards to the city’s formal complaint filed in September.

A hearing on the motion to dismiss is scheduled May 14.

The city’s complaint asks the court for “preliminary and permanent injunction,” as well as to “abate a public nuisance.” The litigation stems from Canyon View’s installment of what the city alleges to be about 6,000 solar panels spread across more than two acres of land without city permits in 2017, which violates Santa Clarita’s municipal code.

The solar panels have drawn numerous complaints from local residents who describe the hillside array as an eyesore.

The lawsuit also alleges that the solar panel project did not successfully comply with the mobile home park’s conditions of approval, which indicates a 50-percent open space requirement on the property.

The city’s points are rebutted in Canyon View’s motion, which contends that “the city’s complaint fails to state a claim, and must be dismissed as to the defendants.” The motion argues that because the mobile home park is under the state of California’s jurisdiction, the city cannot regulate the locale of more than 400 homes.

The argument also includes a response to the alleged violation of the 50-percent open space requirement, to which the defendant says the “express terms and unambiguous numerical restrictions of the (conditional use permit)… contradict and supersede” the city’s complaint.

Neither Seidenglanz nor the defendants’ attorneys were available for comment Thursday. The city said it could not comment on pending litigation, according to Communications Manager Carrie Lujan, but its formal reply to Canyon View’s motion breaks down its stance.

Just less than two weeks since the filed motion, the city filed a response Wednesday. The formal reply states that the defense “suffers from multiple defects,” such as “ignoring applicable legal standards” and seeks to “adjudicate issues in an improper attempt to have the city’s complaint dismissed.”

In its opposition, the city said that while the Mobilehome Parks Act does pre-empt many local regulations with regards to mobile home parks, “the city’s enforcement efforts in this case fall within exceptions established by both the MPA and case law. Contrary to the defendants’ assertions, these authorities are not an absolute bar to the city’s enforcement action.”

A section of the reply states that Canyon View failed to address the exception provided in Health and Safety Code section 18300(g), which reads that local authorities shall not be prevented from “regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility,” the city response said.

Should the court grant Canyon View’s motion, the city said in its opposition that it would like to request 30 days’ leave to amend its complaint, even though the defendant filed a motion “without leave to amend.”

A hearing on the motion for the judgment on the pleadings is set for May 14 at the Chatsworth Courthouse. A nonjury trial between the two parties has also been scheduled at the same courthouse Oct. 21.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

2 Comments

  1. Marilyn says:

    I can’t believe it’s taking so long to handle this problem! I’m embarrassed that the City can’t get these illegal panels removed immediately. There is no question that laws have been disregarded or that the panels are an eyesore.

  2. jim says:

    The truth is, people can do a whole lot of sneaky things without letting the City know what they are doing. Good Citizens will (most always) contact the city first before engaging in something as big as a multiple acreage solar array installation.

    But as has been noted, there are limitations/conflicts in the state and local laws regarding this kind of for-profit engagement and construction on private property.

    An electric utility would have to jump through a large series of legal hoops to do this on even private property in Cali, including public notices; but the issue of a property owner (AKA Canyon View Estates/Kerry Seidanglanz) deciding to cover his open property with solar panels is a different story.

    Santa Clarita should prevail on this eventually, but I’m not a lawyer so that’s just opinion.

    All the more reason for everyone who is only renting or leasing a piece of property to look deeply into their leases and rental agreements to see just how much they can be hosed by the property owner.

    And if you actually own property, look deep into your property deeds for easements and other conditions that may allow somebody else to use your property for their own aggrandizement.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Thursday, Oct 29, 2020
Thursday COVID-19 Roundup: 74th SCV Death; Local Cases Total 7,267
The Los Angeles County Department of Public Health confirmed Thursday 19 new deaths, including the 74th death in the Santa Clarita Valley and 1,745 new cases of COVID-19, including 7,267 total cases in the Santa Clarita Valley.
Thursday, Oct 29, 2020
Nov. 10: Public Hearing to Consider Property Transfer to Family Promise
The city of Santa Clarita will be holding a public hearing at the Tuesday, Nov. 10, City Council meeting to consider the transfer of 32,230 square feet of vacant land, at no cost, to Family Promise of Santa Clarita Valley (FPofSCV).
Thursday, Oct 29, 2020
Suspect in Canyon Country Shooting Still at Large
A gunshot victim survived his injuries and the suspect remained at large Thursday following a shooting near a liquor store in Canyon Country Wednesday night.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1984 - NTSB revises probable cause of 1982 "Twilight Zone" deaths after director John Landis appeals [story]
John Landis
The Los Angeles County Department of Public Health confirmed Thursday 19 new deaths, including the 74th death in the Santa Clarita Valley and 1,745 new cases of COVID-19, including 7,267 total cases in the Santa Clarita Valley.
Thursday COVID-19 Roundup: 74th SCV Death; Local Cases Total 7,267
The city of Santa Clarita will be holding a public hearing at the Tuesday, Nov. 10, City Council meeting to consider the transfer of 32,230 square feet of vacant land, at no cost, to Family Promise of Santa Clarita Valley (FPofSCV).
Nov. 10: Public Hearing to Consider Property Transfer to Family Promise
Are you ready to save the day and bring outlaws to justice in a virtual escape room? Are you and your family ready to test your knowledge on Tacos & Trivia Night?
City Announces November Virtual Events
The College of the Canyons Art Gallery will present a public artist talk with Brooke Sauer to accompany her solo virtual exhibition “Out in the Blue” Monday, Nov. 9, at 2:30 p.m.
Nov. 9: COC Art Gallery Hosting Public Artist Talk with Brooke Sauer
The Santa Clarita Artists Association held its 31st Annual Art Classic virtually on Oct. 17, 2020.
SCAA Releases Art Classic 2020 Winners List
A gunshot victim survived his injuries and the suspect remained at large Thursday following a shooting near a liquor store in Canyon Country Wednesday night.
Suspect in Canyon Country Shooting Still at Large
Join the Santa Clarita Valley Groundwater Sustainability Agency (SCV-GSA) on Wednesday, Nov. 4, at 4:00 p.m., to learn about and to provide input on plans to sustain our water supply.
Nov. 4: SCV Groundwater Sustainability Plan Online Workshop
The California State University Board of Trustees has appointed Erika D. Beck, Ph.D., to serve as president of California State University, Northridge. Beck currently serves as president of California State University Channel Islands.
CSUN Appoints Erika D. Beck as Next President
LASD Urges Community to Plan for Safer Halloween, Día de los Muertos Alternatives
LASD Urges Community to Plan for Safer Halloween, Día de los Muertos Alternatives
SACRAMENTO – Californians age 70 and older with a noncommercial driver’s license are now eligible to renew online or by mail, eliminating the need to visit a California Department of Motor Vehicles office.
Seniors Can Now Renew Driver’s Licenses Online
1932 - Highway 99 completed through Weldon Canyon, bypassing Ridge Route [story]
Hwy 99
The Los Angeles County Department of Public Health on Wednesday confirmed 20 new deaths and 1,351 new positive cases of COVID-19 in the past 24 hours, with 18 new cases reported in the Santa Clarita Valley.
Wednesday COVID-19 Roundup: L.A. County Cases Near 1,200 Per Day, 18 New SCV Cases
Los Angeles Dodgers third baseman Justin Turner was "wrong" to have returned to the field at Globe Life Field in Arlington, Texas, to celebrate the team's Game 6 World Series victory over the Tampa Bay Rays Tuesday night -- after he had tested positive for COVID-19.
MLB: Turner ‘Wrong’ to Take the Field After Positive COVID-19 Tests
The Santa Clarita Valley Water Agency has filed a lawsuit against 3M Company, Chemours, DuPont and several other companies for their roles in introducing toxic chemicals into the local water supply.
SCV Water Sues PFAS Makers Over Toxic Chemicals in Local Water
Saugus High School teacher Jim Klipfel, one of five California Teachers of the Year for 2021, has also been chosen to represent the state in the National Teacher of the Year competition in the spring.
California Names 2021 Teachers of the Year; Saugus High’s Klipfel to Nationals
Washington, Oregon and Nevada have joined California’s COVID-19 vaccine Scientific Safety Review Workgroup, which will independently review the safety and efficacy of any COVID-19 vaccine approved by the FDA for distribution.
Western States Join California’s COVID-19 Vaccine Safety Review
The Santa Clarita Public Library will celebrate Native American Heritage Month with a variety of activities all November long.
Celebrate Native American Heritage Month with Santa Clarita Library
The Los Angeles Dodgers won Game 6 of the 2020 World Series, besting Tampa Bay 3-1 at Globe Life Field in Arlington, Texas, Tuesday night.
Dodgers Win 2020 World Series; Stadium Team Stores to Open Thursday
The Santa Clarita City Council celebrated the opening Tuesday for its newest “transit-friendly” facility at Vista Canyon in Canyon Country, alongside officials from Metrolink and Metro, or the Los Angeles County Metropolitan Transportation Authority.
City Council Holds Ribbon-Cutting for New Vista Canyon Structure, Metrolink Station
The Sulphur Springs Union School District governing board is set to discuss the reopening plan for the California State Preschool Programs during their virtual meeting Wednesday night.
Sulphur Springs to Discuss Preschool Reopening
Dr. Sharon Langenbeck, a longtime member of Zonta Club of Santa Clarita Valley, was installed as Zonta International President for the 2020-22 biennium on July 17, 2020.
SCV’s Sharon Langenbeck Installed as Zonta International President
1949 - Fatal crash of light plane in Haskell Canyon sparks 3,500-acre brush fire [story]
news report
The city of Santa Clarita celebrated not one but two milestones Tuesday at the Vista Canyon development.
City Celebrates New Vista Canyon Development with Groundbreaking, Ribbon-Cutting
%d bloggers like this: