The Montecito Water District filed a lawsuit against the owner of a Park Lane property in January, alleging the owner was preventing the district from accessing its water reservoir through the private property, as it had historically done. A judge on Friday sided with the district, stating the project is "critical" to maintaining to the health and safety of the Montecito community.
The Montecito Water District filed a lawsuit against the owner of a Park Lane property in January, alleging the owner was preventing the district from accessing its water reservoir through the private property, as it had historically done. A judge on Friday sided with the district, stating the project is "critical" to maintaining to the health and safety of the Montecito community. Credit: Evelyn Spence / Noozhawk photo

A Santa Barbara County Superior Court judge ruled Friday that the owner of a Park Lane property must allow the Montecito Water District to travel through the private property to reach its water reservoir for a roof replacement project.

Judge Colleen Sterne granted the district’s request for a preliminary injunction, agreeing that the district is on a tight timeline to start and finish its Park Lane Reservoir project, which is partially funded by a time-constrained grant.

Lawyers representing Miradero LLC did not respond to a Noozhawk request for comment.

Montecito Water District General Manager Nick Turner said via email on Friday that the district “is pleased with the outcome and looks forward to proceeding with this important public project.”

The district has historically accessed the reservoir by passing through a Montecito property currently owned by Miradero LLC under an agreement signed in 1924.

The district filed a lawsuit in January, alleging that the owner was preventing district staff and other workers from accessing its reservoir via the property, as they had historically done.

The owner of the property had taken issue with a planned roof replacement project, which Miradero LLC’s lawyers have argued would cause substantial disruption and damage to the property.

Lawyer Deborah Jones, representing Miradero LLC and its managing member, Greg Crawford, argued on Friday that the district’s current request for access “goes beyond” what was allowed in the 1924 agreement.

The property would be damaged by the heavy trucks constantly going in and out, and the property’s owner would lose the ability to rent it out because of the noise disruption, she argued.

She said allowing the district “unfettered, unlimited access” to the property for the roof replacement project would be a violation of her client’s constitutional rights.

If the district is allowed access, she said, it should be required to cover the property’s operating costs.

Representing the district, lawyer Guillermo Frias said the 1924 agreement “imposed an obligation” on the district to maintain and take care of the reservoir, and that includes replacing its roof.

“I don’t believe they’ve presented any evidence that the project will be carried out in an unreasonable manner,” he said.

He also pointed to a time when the district replaced a crumbling road on that property as an example of good faith efforts. (Jones rebutted, stating that Miradero LLC had to “fight to get” that road fixed in the first place.)

Judge Sterne said the project is “critical” to maintaining the health and safety of the surrounding community.

She also encouraged both parties to keep an open line of communication.

The project is expected to take 18 months. Workers will remove the old roof and install a new one. They will also pour concrete for new walls and a roof. Construction is set to take place from 7:30 a.m. to 4:30 p.m. Monday through Friday.

Noozhawk intern Nestor Manzanares contributed reporting.

— Noozhawk South County editor Evelyn Spence can be reached at espence@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.