The City of Newport Beach and Dennis and Elizabeth Holland reached an agreement that brings their dispute regarding his restoration of the Shawnee to a conclusion. The stipulated judgment was approved by Orange County Superior Court Judge Gregory Munoz on Monday.
The dispute has centered on Holland’s long-term restoration of his 72-foot boat, the Shawnee, a project he has undertaken in the side yard of his residential property. The project is in violation of the City’s Construction and Maintenance Project ordinance that was approved by the Newport Beach City Council in 2009.
Under the terms of the stipulated judgment, Holland admits the project is in violation of the City’s Municipal Code and that such violation constitutes a public nuisance. At his request, Holland will be required - within 120 days - to disassemble the Shawnee and either remove it from his property or store it in a manner that does not violate the Newport Beach Municipal Code or any other provisions of law. Judge Munoz set a status review hearing for September 12.
If Holland chooses to reassemble the Shawnee on his property at some time in the future, the City does not believe that he will be able to fully rebuild the Shawnee at that location without eventually being in violation of various provisions of the Newport Beach Municipal Code (maximum height requirements, setbacks, storage/ parking of watercraft in excess of 35-feet).
“To us, this case was about gaining compliance with the law,” City Attorney Aaron Harp said. “We’re glad that Mr. Holland admitted fault, will dismiss his claims against the City, and that he has agreed to bring his property into compliance with the law.”