Judge upholds dissolution of Pacific Shores water district

1,500-lot development never did take shape

The Pacific Shores water district, which for decades has charged customers monthly fees despite a lack of providing any utility services, will remain dissolved.

In a ruling filed in Del Norte Superior Court this week, Judge John Morrison upheld an August 2008 decision by the Del Norte Local Agency Formation Commission to disband the water district and revert control of its affairs to the county because there were a number of procedural missteps by attorneys who challenged the dissolution on behalf of a Pacific Shores property owner.

“I’m sorry to see that the judge was unable to consider our client’s interest,” said Sacramento attorney Jose Vergara, who represents Pacific Shores property owner Janice Wilson. “He is responsible for closing the door to hundreds and hundreds of people who bought land with dreams and aspirations.”

Del Norte County formed the Pacific Shores subdivision in 1963 near Lakes Earl and Tolowa. It was made up of more than 1,500 lots that were promptly bought by individuals who hoped to develop the land into a small coastal suburb with ocean views.

The Pacific Shores water district was formed in 1987 to provide sewer and water services to the subdivision. But due to tightening environmental regulations, development of the parcels became nearly impossible. This left Pacific Shores in a state of limbo and the water district’s fees that were once being charged to landowners to build infrastructure were then used for fighting legal battles.

Now that the water district has been dissolved and that decision upheld by Morrison, Del Norte will take over the outstanding affairs of the defunct agency, according to County Counsel Dohn Henion.

He said in addition to stopping a number of pending lawsuits, there’s hundreds of thousands of dollars from water district assessments being held by the courts that will now go to the county for the use of paying the former agency’s outstanding bills, including legal fees from the various court actions that have taken place over the years.

“There’s nothing to pay their bills anymore,” Henion said. “That’s our job now.”

Because it’s unknown at this time how much money the water district owes to other entities, Henion said the county will continue to charge the water assessments to the remaining Pacific Shores landowners.

“We don’t know how much money is needed to pay the bills,” he said. “If there is an excess of money paid, we will be redistributing it back out.”

There are still other legal actions pending at the state level involving Pacific Shores property owners that do not include the county. Vergara said these cases will continue.

Some of the other groups that sided with the county to try and uphold the dissolution of the Pacific Shores water district include the California Department of Fish and Game and Northcoast Environmental Center.