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We received word that the Court of Appeals affirmed the Judgment in favor of the Dana Point Harbor regarding the excessive slip fees, solely on the basis of a disputed finding that boaters and the slip holder do not have standing to enforce the provisions of the Master Lease between the County and DPHP. This even though only the boaters benefit by the clause requiring market pricing, reasonably determined.
As this would mean the only beneficiaries of the clause are barred from any remedy to enforce the contract clause, and no one else has any incentive to enforce it, Plaintiff/boaters counsel believes a further appeal to the California Supreme Court may be warranted. Discussion will be ongoing as to whether that is appropriate and cost effective. We will update further developments.
#dpboaters
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