As one of the plaintiffs in this case...
I can assure all of you, THIS IS A GREAT VICTORY FOR THE GIAMMANCOS.
All we have ever asked for is this:
1) If Parcel B is to be open to the public, the City must pay for the maintenance and the liability of it. The City has refused since 2000.
2) If the City refuses to pay for the maintenance and liability of Parcel B, then it must be closed to the public.
That is our lawsuit. It has been 9 years in the making. Since then, the public has had free and unrestricted use of Parcel B. The 17-member Association which owns Parcel B as its private property, pays for ALL the maintenance of it. That maintenance has cost each member appx $11,000.00 EACH since 2003. THE CITY OF MONTEREY HAS PAID NOTHING. THE PUBLIC USES THE LAND. The Association pays for and assumes ALL liability and insurance on it. THE CITY OF MONTEREY HAS PAID NOTHING. If a member of the public is injured on Parcel B, the Association is liable, not the City.
We finally have our victory, but it has taken us 9 years to get there. JUSTICE AGLIANO HAS TENTATIVELY RULED THE CITY MUST PAY FOR THE MAINTENANCE AND LIABILITY.
Equally important, our lawsuit was not about the pre-1972 easements. If that is what Justice Agliano can use lay over the legal 1984 Open Space Easement Deed that states there is to be "No-Trepassing on Parcel B, the one we built our property with in 1988, then we appreciate what he is doing to help us in our fight with the City to accept its responsibility. The City signed, sealed and delivered this deed, not the Giammancos and not the Association. The deed is legal and it says what it says, and the law can't circumvent it. The Giammancos' are not the blame for the 'No-Trepass" clause in it. The City Council signed it, not us. We prevailed in Phase One of the lawsuit.
Our lawsuit is about the Veterans Park to Quarry Park Trail Connector that was established many years after our home was built, unbeknownst to us, by the City placing trail hikings signs in the parks directing people onto Parcel B. Trail use escalated and in 2000 the City told the Association to pay the maintenance and insure the public use of Parcel B, and if we did not want to do so, we were to give the property to the City. We objected, and the lawsuits were filed.
The issues at stake are simple:
Public use will require publicly funded maintenance and publicly funded liability.
Public use will require park regulations for the homeowners whose properties border the park trail connector. The trail is part of the City park system rules must apply, such as hours, leash laws, loitering, etc.
Special regulations need to be implemented in this case as Veterans Park has 15000 overnight campers and visitors who will have access to yards such as mine, 24/7. Privacy and security fences in vunerable areas need to be in place.
JUSTICE AGLIANO HAS TENTATIVELY RULED THOSE ISSUES MUST BE NEGOTIATED.
So while Ms. Davi may be jubilant, I can assure you, it is the Giammancos' who have won and have gotten what they want. This is all we have ever asked for. We always knew we would win. Justice and honor always does. We went in with the truth, stayed with it, and came out victorious relying on the truth and the facts.