My cell phone won’t let me open the link to the letter. What are the grounds for the eviction?
No grounds have been given for the “eviction”. According to the rental agreement in force for the past 45 years, either side may terminate the lease with 30 days notice to the other.
However, several due process arguments come to my mind. When the lease was granted 45 years ago, did it require a resolution by the County Board? If so, shouldn’t termination of the lease also require a resolution by the County Board with the applicable public hearing and time for comment? Does the amount of revenue involved in the contract require Board action?
The property being leased appears to be in a floodplain. Floodplains are generally covered by watershed plans. Has there been a formal revision to the watershed plan to support this change in land use? What was the purpose and need for the change to the watershed plan, if one was made? Were the stakeholders of the watershed, including the church, given an opportunity to comment on the proposed changes to the watershed plan? Were the procedures in the California Environmental Quality Act followed? Is the church being treated equally with other lessors of land in the watershed? Is the church being treated equally with other lessors of County land generally? If the County is not proposing a change in land use, do they have a new lessor who has agreed to pay more than the church to use the parking lot? Was the church given the opportunity to match or better the offer from any other party wanting to lease the parking lot?
Unless these and other questions can be answered properly, the actions of the County appear to be arbitrary and capricious. Disclaimer: I am not an attorney.