The Marina Point Development Company project in Fawnskin will proceed according to a ruling that was given in Pasadena last week.

The three-judge U.S. Ninth Court Circuit of Appeals panel dismissed an injunction against the San Diego-based developer.

This is sad news for the Friends of Fawnskin, the Center for Biological Diversity (not to mention Fawnskin residents).

Despite previous rulings that would have halted the 133-condominium development on 12 acres to the east of Fawnskin’s Grout Bay the project will proceed.

In 2004 Adam Keats (attorney for Friends of Fawnskin and the Center for Biological Diversity) won a preliminary injunction under Judge Timlin in U.S. Federal Court in Riverside to halt development because of the impact on the American Bald Eagle. At the time the bird was included in threatened species list covered by the Endangered Species Act.

In 2006, the Friends of Fawnskin and the Center were granted a permanent injunction by Judge Real in a Los Angeles U.S. Federal Court.

According to Keats the three-judge panel failed to see the merits of the Clean Water Act claim, throwing that out on a technicality, and then proceeding to overturn the Endangered Species Act ruling. (The American Bald Eagle was removed from the Federal List of Endangered Species in June of last year.)

Marina Point Development Company plans to proceed with the development, and market conditions will determine when that happens.

Uh, anyone see how many places are on the market or for rent these days? I think the decision is going to be more of a deterament to the area.

Anyone from Friends of Fawnskin want to comment?

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