City sues Stampede owners over parking lot

By: MICHAEL BUCHANAN - Staff Writer | Saturday, August 21, 2004 8:56 PM PDT ∞

TEMECULA ---- The use of a parking lot is at the heart of a legal dispute between the owners of a night club in Old Town and the city.

Owners of the Stampede property at First and Old Town Front streets allege the city violated a written purchase agreement it made with them in 1999, when they sold the lot to the city for $600,000. The parking lot is next to the night club and is now used by the public as well as Stampede patrons.

In June, the property owners ---- Roger Epperson and Neil Cleveland of the partnership First & Front ---- accused the city of allowing a "park 'n' ride" business to operate on the lot; failing to provide 12 additional parking spaces on First Street; realigning a portion of the lot to benefit Baily's restaurant ---- under construction across the street ---- and allowing the builders of the restaurant to use part of the lot as a construction yard, according to court documents.

Under the agreement, the alleged violations allowed the property owners to give the city a 30-day notice that they plan to take over control of the parking lot. That notice was served in mid-July, said deputy city attorney Regina Danner.

The city responded by filing a lawsuit on July 20 to stop the property owners from seizing the lot on the grounds that the lot is for public use, said deputy city attorney Regina Danner. The two parties say they plan to negotiate a settlement of the issue.

"We felt we had to preserve the city property," Danner said. "We had to do something to preserve the public's interest."

Reached by phone Friday, Neil Cleveland declined to comment on specifics of the litigation.

"We're planning to meet with the opposing counsel to discuss a settlement of this issue," Cleveland said. "We are hopeful that we can. However, if we don't we are prepared to go all the way through the court system."

The city denies that it violated the agreement, though it plans to add additional parking spaces on First Street soon, Danner said. She added that members of the public can still park on the lot and the city hopes to resolve the matter soon.

"We've had a very cordial conversation and I remain hopeful that we will work something out," Danner said.

Faced with a parking shortage in Old Town, the city purchased the lot in 1999 to serve the southern end of the city. It has since spent around $500,000 to repave the lot and add lighting and landscaping, Danner said.

Contact staff writer Michael Buchanan and (951) 676-4315, Ext. 2623, or mbuchanan@californian.com.

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