Demanding Accountability

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California State Misfeasance
The Courtland Docks Saga

By Kelly Stone
Investigative Reporter

Sacramento, CA – According to Black’s Law Dictionary misfeasance simply means “a lawful act performed in a wrongful manner.” This is exactly what the California State Lands Commission (CSL) is attempting regarding issues surrounding the Courtland Docks and Marina located on the Sacramento River. “Lawful,” because the CSL controls this area of law for the State of California and “wrongful” in that the CSL, for reasons unknown at this time, has placed certain individuals above their law.

Courtland Docks and Marina

The case at hand evolved due to the fact that the CSL has failed for over 20 years to protect California’s sovereign lands and to collect the public’s money from the operation of the Courtland Docks and Marina in Sacramento County – right in Governor Schwarzenegger’s back yard. No wonder the state is in dire financial straights.

A boat at Courtland Docks and Marina

On August 3, 2005 Michael Vaentine, Chief of the Land Management Division of the California State Lands Commission sent the following letter (in part) to Shawn Berrigan and Diane House who are the current owners of the Courtland Docks and Marina: “In addition it appears that you are engaging in activities that have not been authorized by the State Lands Commission. First, you have occupied State sovereign lands adjacent to your property in Courtland by occupying docks previously placed there and by installing additional docks all without the authority given by or compensation to the Commission on behalf of the State. Please remove your boat from the premises until the Commission has approved a lease to you of the premises. Consequently, you are directed to stop living aboard your boat or to move it to another location where residential use is permitted or there is no State ownership interest. Lastly, it is our understanding that you are renting out some of these docks to third parties. Such businesses may only be conducted on State lands after the State has entered into a lease with the business owner. In this instance there is no lease between you and the Commission and the Commission has not authorized you to conduct marina activities on its lands. In short, you are in occupancy of State property without authority and without payment of any rent to the State and you are charging third parties for the use of State property. Therefore, you are directed to stop engaging in such an activity immediately.” According to the CSL Berrigan/House have been violating the law, so why hasn’t the CSL taken any action against them over the past year and a half? The CSL claimed they didn’t have the funding to prosecute the matter, however their excuse is simply an excuse. They could have and should have prosecuted the matter to obtain funds due to the State of California especially in light of the severe financial problems existing there. On September 28, 2005 the CSL sent Berrigan/House a second cease and desist order through their attorney Neil Houston ordering them to vacate state lands. Again, the duo of Berrigan/House apparently thumbed their noses at the order.

The US~Observer has received numerous allegations that Berrigan gets away with just about anything because his father is a wealthy and well connected attorney in the Sacramento area. This would appear to be a valid allegation given the fact that the CSL clearly goes after violations every day of the week and they have done absolutely nothing about the Berrigan/House matter. We are informed that Berrigan is currently involved in 7-8 lawsuits. Witnessing the failure of the State of California to act Alan “Pete” Brush filed suit on January 6, 2006 against Shawn Berrigan, Diane House, Does 1 through 20 and has included the California State Lands Commission (Does 21-40) as Real Parties in Interest. Brush’s Causes of Action include: Trespass; ejectment; declaratory relief; violations of Harbors & Navigation Code § 780 (discharge of sewage in navigable waters); nuisance; injunctive relief and common count (unjust enrichment) to recover public monies that Berrigan/House have allegedly pocketed from 10/22/04 thru the present for the operation of their marina and fair market value of their occupation (i.e. rent) of sovereign lands where Berrigan/House have never paid anything to the CSL. Brush has also sued Jay Coakley for unjust enrichment to public monies that Coakley pocketed from 03/19/98 thru 10/21/04 from the operation of Courtland Docks and Marina where Jay Coakley (prior owner of Courtland Docks and Marina) never paid anything to the CSL.

To top things off the CSL is now siding with Berrigan regarding the Pete Brush lawsuit and they are rapidly processing a lease for Berrigan/House. Timothy Lipscomb, a “Public Land Management Specialist” with the CSL recently filed a “Declaration in Support of State Lands Commission’s Opposition to Motion for Preliminary Injunction” which was filed by Brush. Amazing, the CSL and State of California represented by Attorney General for the State of California Bill Lockyer will now spend thousands of hard earned tax dollars fighting a citizen who stands up for all taxpayers who are reportedly being cheated out of money the state is obviously owed by past and present owners of the Courtland Docks and Marina. This is government at its best…ass backwards.

The US~Observer will soon be contacting Governor Schwarzenegger for an explanation about the CSL actions and lack thereof. According to Pete Brush, Coakley “pocketed approximately $400,000.00 and paid nothing to the state.” The CSL is fully aware of this as an Appraisal Request regarding this issue was assigned to Scott McFarlin of CSL on March 11, 2004. CSL has done absolutely nothing to date. The list of incompetence, favoritism and/or possible conspiracy’s go on and on showing the CSL to be a totally unaccountable and out of control agency, creating huge losses of revenue for the State of California. Sounds much like the electric power corruption in California of years gone by, doesn’t it?

Anyone with information regarding Shawn Berrigan, Diane House, Robert Bruce Berrigan (Shawn Berrigan’s father) or any others involved in the Courtland Docks and Marina, please contact Edward Snook at 541-474-7885.

In our last edition we published an article titled “Sacramento Conspiracy” which is closely related to this present article.

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