Dana Point Sues Over Public Access To Bluff Top Nature Trail

DANA POINT, CA — City officials are suing the operator of the Dana Point Preserve, claiming that a walking trail was illegally closed to the public for almost two years.

Dana Point officials seek the full reopening of the preserve's Nature Trail and $9.18 million in penalties from the Center for Natural Lands Management, according to a city statement. The Nature Trail runs in a horseshoe shape along the Headlands bluff in the preserve past several overlook areas.

The trail's closure violates the California Coastal Act and goes against an easement the city has with the nonprofit to require daily public access to the trail, officials said in a statement.

The California Coastal Act was enacted in 1976 to regulate development along the state's shoreline and ensure the public had access to the coast.

An organization can be fined up to $15,000 per day for violating the act. The $9.18 million represents 612 days of violations from May 2020 up until the lawsuit was filed on Jan. 21, Dana Point officials said.

The Center for Natural Lands Management did not immediately return Patch's request for comment.

Jessica Spaulding, a spokeswoman for the city, said the nonprofit locked the trail in March 2020 during the outset of the pandemic.

Public trails managed by Dana Point were also closed to the public at the start of the pandemic, but Spaulding said the city eventually reopened those trails in May 2020.

However, the preserve's Nature Trail remained closed despite repeated requests by city officials to the Center for Natural Lands Management, according to Spaulding.

The nonprofit eventually reopened the trail on a limited basis — three days a week from 8 a.m. to 4 p.m.

But Dana Point officials argue the limited hours violate the city's easement that requires the Nature Trail to be open daily to the public from 7 a.m. to sunset.

The easement was obtained by the city to allow for the development of the Headlands, where the preserve is, Mayor Joe Muller said.

He said the city is forced to sue the nonprofit after it has been "unwilling to abide" by the easement.

"Simply put, the Center for Natural Lands Management is trying to keep the public out," Muller said. "People want and need access to the outdoors and fresh air for walking, hiking jogging and bird watching."