Court Action Filed Against NMUSD for Tree Removal

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OC Superior Court Judge Robert Moss granted Still Protecting Our Newport (SPON) a Temporary Restraining Order on June 23, 2020 to prevent the further removal of any trees that still remain on Ensign Intermediate School property.

According to local reports, some trees at Ensign Intermediate were cut down prior to the temporary restraining order.

The Rehearing is scheduled for OC Superior Court Department 13 on June 29 at 1:30 p.m.

The Declaratory Relief Action filed by SPON against the Newport‚ÄźMesa Unified School District sought a definition of the rights and obligations of the parties involved regarding the planned removal of trees and reconfiguration of the parking lot at Ensign Intermediate School located in the Newport Beach Cliff Haven neighborhood.

The action alleges that NMUSD has denied SPON, its members and the community at large their due process rights by limiting and/or denying participation in the planning process which included the review, discussion and ultimate approval of the construction plans.

The NMUSD is obligated by code to seek out and encourage public participation in any and all projects of this nature.

In a related matter, the Newport Beach City Council has called for a special meeting on Thursday, June 25 at 3 p.m. to review the Public Work’s Director decision on June 16, 2020, to approve Encroachment Permit N2020-0366, allowing the installation of improvements in the public right of way on Cliff Drive. The improvements consist of two curb cuts on Cliff Drive and installation of two driveways. The applicant also proposes to install a parkway drain, remove the existing small median in the street and replace it with asphalt pavement and remove two standard street trees.

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