Candidate sues Mariposa County

2010-02-04 / Front Page

BY JILL BALLINGER GAZETTE EDITOR

THERESA CASTALDI Embattled Coyote Springs Ranch owner and District 3 Supervisor candidate Theresa Castaldi has filed a law suit against the County she hopes to work for. The suit, filed Jan. 28 in Mariposa County Superior Court seeks “declaratory relief” and names each of the board members and Planning Director Kris Schenk as defendants, along with the County.

Among other things, the suit says Schenk “was intentionally discriminatory toward Castaldi and her property” and violated her civil rights. It says Schenk has “repeatedly stated” that he would block all attempts at permits unless Castaldi went through an expensive environmental review.

The issue appears to stem from the long-standing difficulty Castaldi has had in getting proper building and use permits for her ranch. She believes the board of supervisors’ decision not to allow a restroom facility to be constructed is wrong.

The board denied her appeal of the permit last February. Castaldi believes she is being targeted. The county denied the construction of a standalone rest room facility based on the fact that its size and scope did not meet agritourism requirements.

Castaldi’s suit further alleges that Schenk’s actions in the permit matters was “arbitrary and capricious” and “contrary to law.” Her attorney, Gerald C. Weaver of Bass Lake, says Schenk “at all times...has failed and and refused and continues to fail and refuse to perform his duty.”

The plaintiff says she has “exhausted all available administrative remedies” in the matter, leaving only legal action as a solution. The suit does not ask for a monetary settlement, outside of Castaldi’s legal fees if the court were to find that the County violated her civil rights. Instead, it asks the court to mandate that the County reverse its decision and grant Castaldi’s appeal of the permit.

Castaldi maintains that the application for the permit was in place before the County enacted a new ordinance in March, 2008. The suit states the ordinance is “unconstitutional and invalid” as applied to Coyote Springs Ranch.

Mariposa County Counsel Steve Dahlem said the County has been formally served with the suit. “We will file a legally appropriate and timely response,” Dahlem said on Tuesday. He did not, however, offer any further comment as the suit is “pending before the court.”

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Before Teresa Castaldi can be

Submitted by Hannah Strasser (not verified) on Fri, 2010-02-26 20:35.

Before Teresa Castaldi can be able to sue someone for anything, she should have to pay back the people she screwed in her real estate dealings. She is a lier and a cheat and has no business running for office thinking she can do good for the people of any county.

I guess not paying

Submitted by Anonymous (not verified) on Wed, 2010-02-10 13:48.

I guess not paying workers/contractors is not a violation of their rights to make a living (normal people getting work done save up until they they can afford to have the job done), I guess Ms. Castaldi is the only one who has any rights. She knew what the land was zoned for when she got it, when most be people look before they leap. Ms Castaldi thought she would be able to run over the county requirments and do as she pleases and everyone would look the other way. Does Ms. Castaldi hold her breath until she turns blue or she kick and yell until the adults give in.

I think the issue is one of

Submitted by Anonymous (not verified) on Sun, 2010-02-07 00:11.

I think the issue is one of zoning. Anyone with a building or enterprise project in mind would be wise to check on what the zoning allows before buying property, or before incurring any expense in pursuit of the project. Zoning exists for a reason.

Coyote Springs Ranch

Submitted by Rob Fox (not verified) on Sat, 2010-02-06 04:44.

Coyote Springs Ranch represents an attempt to make a productive investment to a local economy, enhancing the overall community in terms of local jobs (regardless of how few) and attracting tourism and notoriety to the area. The barriers put to this project are a sterling example of onerous, bureaurocratic interference in a legitimate free enterprise project. From what I understand of the issue, the community is not being protected from any tangible potential risk or detriment that Coyote Springs Ranch may present, but has rather turned into a match of wills where a bureaurocrat has made it personal. This type of governmental interference in the use of personal property essentially destroys wealth and, more importantly, violates the owner's personal liberties. I wish Ms. Castaldi ultimate success in her endeavour in the spirit of libertarian solidarity.

Ms. Castaldi's actions in

Submitted by Anonymous (not verified) on Sun, 2010-02-07 22:10.

Ms. Castaldi's actions in other real estate transactions, the repercussions from which she avoided by personal bankruptcy, do not reflect the spirit of libertarian ideals. Your wishes of ultimate success should be directed towards a more deserving entrepreneur.

Absolutely correct; her

Submitted by Anonymous (not verified) on Mon, 2010-02-22 23:45.

Absolutely correct; her personal ethics in her other real estate dealings should prevent her from holding public office.........