Developer wins restraining order against Pismo Beach

October 22, 2015

Pismo BeachA San Luis Obispo judge has ordered the city of Pismo Beach to turn a Shell Beach developer’s utilities back on amid a legal dispute between the city and the property owner. [KCOY]

Mike Spangler is trying to develop the land next to his multi-million dollar Shell Beach Road home. The city contends the land has long been classified as open space, Spangler said.

Spangler said the city sent him a letter ordering him to withdraw his development plans and sign a deed restriction. The city threatened to shut off Spangler’s utilities and fine him $500 a day if he did not comply, Spangler said.

After making the threat, the city shut off his utilities for 14 days and fined him about $20,000, Spangler said.

In response, a judge issued a temporary restraining order against Pismo Beach. The restraining order restores water and sewer services to Spangler’s home until his legal dispute with the city is resolved.

Spangler contends he did not sign any papers that dedicated his property open space or put a deed restriction on it in what he has dubbed the ongoing battle over property rights.

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Interesting all commenters already know the answer to this one. A TRO is just that, a temporary restraining order, with emphasis on temporary. As the story says, it’s to provide utilities to him till the dispute is settled. Then who knows what the outcome or next step will be. This is just the first shot in a gun battle.

Cutting off the utilities as a tactic in a legal dispute is punitive, bullying, and just one step below extortion.

My question: Who in the city’s management issued such an order ?

They should be prosecuted for this criminal act .

I am very impressed with what Mike Spangler has done so far and whatever he does will ad more seperation between the freeway and the scenic walk along Shell Beach Road. I can’t beleive this has escalated to bad vibes among good people.

I am glad to see Spangler take this to court.

Too often the developer just rolls over to capricious demands, out of fear of a complete derailment of his project.

Glad to see him standing up for himself.

Hey, this was just Big Brother flexing his muscles, no big deal. I smell green people.

I’m sure that when this is over a large fee paid to the city will settle this and Mr. Spangler will retain his property rights.

Interesting city. They pay out liability claims when they unfounded but cut off a guys utilities and fine him before the case is resolved….so typical.

Sing it with me….

This land is your land

This land is my land

Unit the City of Pismo tried to take it away

This land was stolen from you and me.