The newsletter suggests that "the vast majority" of slip tenants support their radical and draconian slip rate increases. Do any of you really believe that!? The hundreds of you who have donated to our legal fund, and the many more of you who have offered your moral support, make it abundantly clear that these rate increases are enormously unpopular. In fact, not even one of you has told us that you support these rate increases. If you're out there, we'd love to hear from you with an explanation why. Seriously.
As stated in the DPBA November 9th eNewsletter, I quote:
"The Court, in the lawsuit against the DPHP over the recent slip fee increase, had a hearing on Preliminary Injunction Friday (November 5th). Unfortunately, the Judge would not issue the injunction at this time. She wants to see more evidence of the County's history on limits to slip fee increases, evidence that needs to be obtained from the County. Dana Point Boaters Association is working on acquiring the evidence which is needed.
The fight is not over. The Judge did find that boaters have the right to sue the DPHP for violation of the lease and county rules, which is very important; the DPHP can't short circuit the lawsuit by claiming boaters don't have standing to sue, which is what the DPHP hoped to do. It's going to take longer, and it means we need to step up with contributions for the legal cost for the lawsuit, which will now drag out for at least some months."
Your Dana Point Boaters Association tells you the facts, not lies.
The Facts:
1. Hundreds of boaters have contributed to the fight challenging the massive increase whether through DPBA's legal fund or through SOS's. It is not a small number of boaters like Dana Point Harbor Partners wants you to believe.
2. We have attempted to document the number of boaters who have either moved out or have sold their boats since the slip increase was announced. What we can say is that there is an unusual number of open slips that seems to grow every day. This number appears to be considerably larger than Bellwether et al. has said they need when the revitalization begins, and it comes time to start shuffling boats around the harbor.
3. We are not challenging the revitalization; we are challenging the massive fee increase, an increase the Partners previously claimed would not be needed to do the replacement of the docks. DPBA supports harbor revitalization, just not entirely on the backs and wallets of our boaters.
4. The Judge only denied the Preliminary Injunction because of a lack of documentary support, which the Partners are trying to keep us from getting by using delaying tactics and misleading statements.
5. We are going around the Partners to get the documents and evidence we need, and while there are no guarantees, we are confident that we are on the right course to get a favorable result in the end if we keep pressing forward.
6. We believe we have a solid case that these slip rate increases violate the Dana Point Tidelands Act, DPHP's master lease with the County of Orange, and clearly established precedent for market rate comparisons. Nonetheless, if we don't prevail, that still doesn't make these slip increases right. If they are ruled technically legal, it's still not right. While DPHP romanced and courted the public leading up to their master lease, they promised to protect the charm and character of Dana Point Harbor and avoid radical slip rate increases. They lied to you. Never forget that.
7. To summarize, the Judge confirmed we have standing to proceed with the case.
URGENT APPEAL
Legal Funds Needed to Protect Boaters' Rights
The legal fund, set up to pursue the revocation or reform of the Dana Point Harbor Partners' recent outrageous increase in Boater's Slip Fees, is in urgent need of an infusion of additional funds. The class action lawsuit is pending, and the attorneys for the boater class are pushing forward and hope for ultimately a successful outcome, based on the clearly excessive, non-market rates charged in violation of the Partners' Lease, the County Orders, and the Tidelands Public Trust. The Partners have pushed back, hiring a large L.A. based firm to delay and obscure the truth.
It will take time and attorney fees to cut through the misleading statements and legal delays. Many Boaters generously contributed to the cause after our initial fund-raising appeal. Now we need to replenish the fund and ask Boaters and their friends to contribute again, or if you haven't donated, please consider doing so now so we do not lose momentum in the fight for just market rates for Dana Point Harbor Boaters. SOS and DPBA are working together to right this wrong, so please contribute to the fund of your choice.
After the holidays, we will arrange for a boater meeting to address all the questions you might have……only the facts, not the lies!
Pleases take note of, the latest The Log article regarding Dana Point Boaters' legal standings.
We wish all Dana Point Boaters a very safe and happy Thanksgiving! You are the jewels of Dana Point Harbor; for this, we are grateful.
Many blessings to you and your families,
Your Dana Point Board of Directors, Advisors, and Advocates