Politics & Government

Dock Group Withdraws Restraining Order Request

An Orange County Superior Court judge says Newport Beach officials can continue to collect increased residential dock rents.

Despite its efforts to stop Newport Beach from collecting increased dock rents, the Newport Beach Dock Owners Association has dropped its request for a temporary restraining order against the city, officials reported.

Following a court hearing on Friday with Orange County Superior Court Judge Luis A. Rodriguez, the group withdrew its temporary restraining order request and Newport Beach officials were told they could continue to collect rent from dock owners and charge interest penalties for any late rent, according to a city news release.

In addition, Newport Beach officials were required to give the court 15 days notice before revoking a permit or remove a pier for non-payment of rent.

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“This is a win for the city and we now have an initial court determination that we may continue to collect rent for residential piers located over public tidelands,” Councilman Mike Henn said in a released statement.

The residential dock rents were increased in January, from a flat $100 a year to 52.5 cents per square foot. City officials said the increased dock rents will be "used solely to fund improvements and maintenance within Newport Harbor."

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In February the group filed a lawsuit against the city claiming Newport officials violated the state’s open government law by holding informal meetings on the fees without proper public notice. The city denied the allegations.

According to the city's memo, a court date is scheduled for May 16 for the lawsuit filed against Newport Beach. Henn said the city is hopeful the case will be dismissed.

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