Thumbs down: Bad lawsuit, bad argument, bad outcome

For six years, we hoped that reason would prevail in Santa Rosa’s legal squabble with homeowners in a gated community near Oakmont that has tried to block bicyclists from crossing through their territory. But reason has lost. So have bicyclists. So have joggers, skateboarders and anybody who would like to do anything other than walk through this connection between Oakmont and Annadel State Park. And to make matters worse, taxpayers are left holding the bag.

The city announced Thursday it has settled its long-standing lawsuit against the Villages at Wild Oak homeowners association and has agreed to pay the $182,739 in fees to the association. That’s in addition to the $40,000 in fines that an appellate panel slapped on the city for making an absurd and frivolous appeal of a judge’s ruling a few years ago. In short, we’re going to need more hands for all the downward digits this story deserves.

Here’s what happened. Santa Rosa sued the Villages six years ago after the association posted “No trespassing” and “No bicycles” signs along a path through the residential area, a path that for years was used by anybody on two wheels or two legs - and some on four (as in horses).

The homeowners responded by counter-suing, alleging that the city had created a nuisance by encouraging public cycling through the area.

The city pointed out in court documents that when the Santa Rosa City Council changed the zoning of the property in 1977 to allow the subdivision to be built, it made clear that “public access to Annadel State Park shall be provided by easements through the Wild Oak property for pedestrian, equestrian and bicycle access.” But when the easement deed was recorded three years later, it only referred to “pedestrian and emergency vehicle access.”

The city claims it was an oversight. The homeowners say it doesn’t matter. And Sonoma County Superior Court Judge Elliot Daum agreed that the wording on the recorded easement was all that mattered. End of story.

But it took years of more squabbling to get to this point. It’s too bad.

Thumbs down on everyone - particularly the homeowners for trying to keep out cyclists and others.