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Homeowners Association Sues Carlsbad For $12 Million

Suit Alleges City Responsible For Destructive Landslide

POSTED: 6:31 am PDT July 12, 2005
UPDATED: 6:36 am PDT July 12, 2005

The homeowners association for La Costa de Marbella condominiums in Carlsbad sued the city, claiming it was responsible for a slow-moving landslide that has destroyed eight homes.

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CARLSBAD LANDSLIDES

The lawsuit says broken city water pipes caused the slide and accuses officials of breaking a promise the Carlsbad City Council made in May to stabilize the slope to protect La Costa Avenue, which is threatened by the slippage, The San Diego Union-Tribune reported.

The city has denied it caused the slide.

Carlsbad officials told the newspaper that construction crews were ready to begin the stabilization on June 10 but stopped after the Marbella homeowners association's attorney, Patrick Catalano, barred workers from the property and said the city had breached the promise by the council.

Catalano told the Union-Tribune that the city broke that agreement by not sharing plans with the homeowners association.

An attorney representing the city told the newspaper, however, that it is the homeowners association, not the city, that has broken the agreement by not permitting the city to repair the slope.

The homeowners association's lawsuit seeks to void the May agreement, blames the city for the slide and seeks at least $12 million to compensate the association and its members for their losses.

The lawsuit is the second against the city related to the slide, which began March 11.


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