Battle between hang gliders likely heading to court again

By: JOSE CARVAJAL - Staff Writer | Sunday, January 7, 2007 7:40 PM PST ∞

A hangglider pilot comes in for a landing Saturday in the open field southwest of the intersection of Ortega Highway and Grand Avenue in Lake Elsinore.
Steve Thornton
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LAKELAND VILLAGE ---- A bitter, years-long dispute between hang gliders and an Orange County developer over highly coveted land near the northeastern end of the lake is about to make its way back into a Riverside County courtroom.

Nearly seven years after the two sides ---- the Elsinore Hang Gliding Association and CKS Concordia Development ---- reached a settlement over use of the 56 acres in question, the two are butting heads over the terms of that agreement.

CKS Concordia, which owns the land, is planning to build houses on it. The gliders, who, through an easement, have for years had the legal right to use the property no matter who owns it, use it as a landing zone.

A jury could begin considering as early as next month a lawsuit filed in 2004 by the hang-gliding association.

At issue is whether the May 2000 agreement reached by both sides, which stipulated that the gliders would give up their rights to 46 of the 56 acres, still stands. The settlement was reached after the sixth day of a trial sparked by a hang-gliding association lawsuit.

The developer contends that the gliders have failed to live up to their end of the deal because they haven't worked out with the Riverside County Flood Control District a viable plan for construction of a debris basin on their 10 acres. The settlement included a provision that the gliders would share their 10 acres with the basin.

CKS Concordia's attorney, Frederick Moore, said Friday that it's been more than six years since the settlement was reached and the hang gliders have yet to reach an agreement with the Flood Control District on the basin. And it doesn't appear like anything's coming down the line either, he said.

"Six years and nothing has happened," Moore said. "It doesn't appear to us that the hang gliders are interested in having that happen."

According to the agreement, he also said, not until the Flood Control District signs off on the design for the basin will the hang gliders be given the rights to their 10 acres. Since the gliders have been given ample time to get that done without success, he said, CKS Concordia should be excused from having to follow the settlement any longer.

The hang-gliding association disagrees. Its attorney, John Mulvana, said that interpretation of the agreement is incorrect, that the developer automatically relinquished its rights to the 10 acres when it agreed to the settlement. All that's up in the air now is the design of the landing zone and debris basin, he said.

The problem, Mulvana added, is that the Flood Control District won't allow the basin and the landing zone to coexist.

According to General Manager Dusty Williams, the district can't allow any recreational use, whether it be baseball or hang gliding, on one of its basins. It legally can't take on the liability associated with anything bad that might happen on the basin while a hang glider is trying to land on it, he said.

Until an acceptable plan is presented, Williams said, the district won't sign off on it.

Member Ken Niemi said that the hang-gliding association is going to continue to fight CKS Concordia's attempt to get out of the settlement. The landing zone is too valuable an asset for Lake Elsinore, which prides itself on being an extreme sports mecca.

If the association loses the landing zone, Niemi said, then it will likely lose a permit from the U.S. Forest Service it has for a launching zone in the nearby Cleveland National Forest. As a condition of that permit, he said, the association is required to maintain a landing zone in the area.

Though CKS Concordia is attempting to assert rights over the land and is demanding that they stop landing there, Niemi said that gliders are going to continue to use the spot. The latest developments in this saga are only emboldening them, he said.

"We're diehards," he said. "I think people are going to get together and we're all going to get brave."

Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. Comment at www.californian.com.

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Recreation IS an A+ Resource wrote on Jan 8, 2007 7:21 AM:Other recreation advocates accross California are sharply aware that Riverside County Flood Control Management Personnel (are not educated in their jobs) that "State Statues" exist to null and void any liability suits while recreating on said land. Other County Personnel have awareness to such "SS" and therefore acknowledge the truth in such matter by providing opportunity for recreations resources in the form of hiking/biking/equistrian trails, water parks, disc golf courses, soccer fields, etc. Not in our county though! We have county fools wasting our volunteer time trying to mandate what we also do on private property. What is next? Can't play dodge ball on the front lawn? Because the ball may land in the gutter that feeds the lake? Remember! The County of Riverside took away our childrens BMX track in Temecula (on a 100-year-flood-plain-area) in violation of State Statue and we let them get away with it by not adhearing them to their tax generated jobs by being transpearent, efficient, and accountable for what we pay them to earn. Recreation is a resourse, ask any state or federal commissioner and they'll point out to you the public water parks on quasi-public land in LA County.

amused in LE wrote on Jan 8, 2007 8:43 AM:Well, well, well, how is LE going to justify using it's new logo "Dream Extreme" if we no longer allow hang gliding? Let's see if the moto X track gets moved to a new location, along with our airport. All in the name of development.........

fergit it wrote on Jan 8, 2007 9:25 AM:let the gliders land elsewhere! Time to stand up for property rights!

Randy M. wrote on Jan 8, 2007 9:31 AM:Why doesn't the association buy the 56 acres or 10 acres of the developable land so the debris basin issue is moot? The developer would get his fair market value for all or portion of his land and the gliders will still have their area to land. It is the responsibility of the association to maintain a landing area since it has the USFS permit requiring such.

Concerned wrote on Jan 8, 2007 10:09 AM:So the property is owned by CKS, and the hang glider group assumes it has the right to 10 acres? Extreme sport capital? What??? Throw the hippies out and move on!

Dave wrote on Jan 8, 2007 10:44 AM:>CKS Concordia, which owns the land, >is planning to build houses on it. >The gliders, who, through an >easement, have for years had the >legal right to use the property no >matter who owns it, use it as a >landing zone. My reading of this is that the gliders were given a deeded easement to use the land by a former owner, and that the developers are trying to break the easement. They will probably make over $1 million per acre if they succeed, which is why they continue to violate the terms of the easement. I would say that the developers in this matter are looking at an "Abuse of Process" counter-suit. I have a current California Real Estate Broker license, but this should not be taken as a professional opinion.

Concerned wrote on Jan 8, 2007 12:08 PM:Good point Randy M. Could it be that the hang glider association wants the land but doesnt' want to pay? Afterall it is the new American / Mexican way.

JA wrote on Jan 8, 2007 5:38 PM:Obviously the easement existed before CKS bought the land. Seems like another example of someone buying near tracks and complaining about the train or airport and planes. Someone didn't do their homework or probably figured they could sue their way out of a dumb deal, either way I have no sympathy for the developer.

rebardan wrote on Jan 8, 2007 5:40 PM:so its all right to clog every acre in so cal with these ugly cookie cutter tract home developments? all for developer's profit? no thanks. the area is already full of clone homes.

rebardan wrote on Jan 8, 2007 5:45 PM:breaking an agreement and taking a crack at making another couple million dollars. clog mother earth with another glob of cookie cutter homes. right on conclonia.

E-Teamer wrote on Jan 9, 2007 7:20 PM:CKS Concordia is attempting to assert rights over the land and is demanding that they stop landing there, THE MAN SAID TEMPORARY RESTRAINING, HANG GLIDER CAN STILL LAND there, EX PARTE HEARING RE MOTION FOR PROTECTIVE ORDER. 01/09/2007 - 8:30 AM DEPT. 01 HONORABLE STEPHEN D. CUNNISON, PRESIDING CLERK: M. MARTINEZ COURT REPORTER: S. MOUZAKIS ELSINORE HANG GLIDING ASSOCIATION (EHGA) REPRESENTED BY LAW OFFICES OF JOHNCALFEE MULVANA - JOHN MULVANA PRESENT. WESTERN INTERNATIONAL DEVELOPMENT, LLC, KANG SHEN CHEN, CKS CONCORDIA DEVELOPMENT, L.L.C. REPRESENTED BY GALLAGHER & MOORE - SHANNON GALLAGHER PRESENT. COUNSEL ARGUE. EX PARTE IS GRANTED. THE COURT SETS THE MOTION FOR PROTECTIVE ORDER FOR THE DATE OF FEBRUARY 2, 2007, AT 8:30 A.M. IN DEPARTMENT 1. NOTICE TO BE BY STATUTORY TIME. THE COURT FURTHER ORDERS A TEMPORARY RESTRAINING ORDER PENDING THE HEARING, CONDITIONS AS STATED ON THE RECORD.

Jim wrote on Jan 24, 2007 1:53 PM:I drove from Colorado to The Clevland hang glider launch site just so I could have my wife see that view which is spectacular and exists in no other place in the world. Seeing the Hang gliders with the lake as a back drop is beautiful for lack of better words.I have plans to bring my grand children to see the gliders and stay in town maybe rent a boat or some other activities. Take the gliders away and the deal is dead. Retired Airline Pilot

Frank wrote on May 29, 2007 12:36 PM:Property rights? Look, no one complains when developers (like these developers) have to pay for little league fields and bike trails as a condition of approval. When that happens governments are congratulated for providing recreation without raising taxes. This is no different. American aviation, in all its forms, is good for the country. It deserves a place in its founding location.

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