Landowners sue HMB, saying Oak Avenue Park is on their property

By on Fri, June 20, 2008

A homeowners’ association is suing Half Moon Bay for $1 million, saying that the construciton of the Oak Avenue Park is taking place on their property, reports the County Times. [Google Map]

The lawsuit claims that the Cypress-by-the-Sea Homeowners Association and the owners of eight condominiums were not informed of public hearings on the park’s construction and were not aware that the city’s development of Oak Avenue’s north side would stretch west into what they consider their property.

Though the city declares ownership of the land, the lawsuit claims that the plaintiffs have been paying property taxes on 100 percent of the land. "At no time since March 1976 have the records at the Tax Assessor’s Office shown that (the city) has any ownership interest whatever in the property," the lawsuit alleges. "There is no assessor’s parcel in (the city’s) name."

In 2004, the city began acquiring parcels of land 200 yards east of the property on the north side of the street through threat of condemnation, according to the lawsuit. That land was used for the construction of a footbridge across Pilarcitos Creek to Strawflower Shopping Center.

Steve Wilson, an attorney with Tobin and Tobin, the law firm representing the homeowners, said public hearings on the construction of Oak Park began that year, but his clients were not fully aware of the discussions.