Newport Officials Call Legal Threats by Dock Owners 'Unfounded'

Opponents of the increased dock rents said they would request a temporary restraining order to stop Newport Beach from collecting the hiked fees, but city officials said Wednesday the group has yet to do so.

In a news release issued by the city, officials said the Newport Beach Dock Owners Association has not filed a request for a temporary restraining order with the courts, so collection of the dock rental fees is still a go.

“A temporary restraining order is only issued if it can be shown there is a likelihood of success the association will prevail on the merits of its underlying claim," Mayor Keith Curry said in the released statement. "Here the city complied with the law in all aspects and we believe it is very unlikely the association would be successful in court.”

The City Council passed the controversial rate hike earlier this year, which prompted last year’s boycott of the Christmas boat parade, inflating residential dock rents from a flat $100 a year to 52.5 cents per square foot.

The group later 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.

In its April 11 announcement to file for a temporary restraining order, the group alleged once a residential dock owner pays a utility bill that includes the increased dock fee, he or she has agreed to the terms and conditions established by the city. This week the group said the hearing for the temporary restraining order was set for April 19, but was rescheduled to Friday.

City Attorney Aaron Harp said owners users should disregard the "misinformation circulated by the association."

“People should pay the rent due. Not doing so can result in interest charges and penalties," Harp explained. "Rents paid will be used directly to provide for the continued improvement and maintenance of Newport Harbor.”

City officials said a court hearing was not scheduled regarding the request for the temporary restraining order. According to the city's memo and court records, the next court date is scheduled for May 16 for the lawsuit filed against Newport Beach.