Developer must fix problem in Beverly Hills.

Developer must fix problem in Beverly Hills.
Circuit Judge Patricia Thomas declared on Monday that blowing sand and dust from an unfinished subdivision in Beverly Hills is a nuisance to neighbors, but she also called upon everyone in the courtroom to pray for an end to dry weather causing the problem.Thomas said testimony from neighbors of High Ridge Village indicated the sand and dust storms had become a nuisance to them, and she told the developer, Hillside Properties, to complete mulching and seeding activities on the property by Friday. She also encouraged more watering.

Before she ruled, the judge encouraged all in the courtroom to pray to a higher power for relief from the dry weather. Thomas said she had prayed for rain herself, knowing the hearing was on her court docket, but had not gotten any results.“I respectfully think everyone in this room should pray or petition their higher authority for rain,” she said.Thomas has scheduled a continuance of the hearing for noon Monday. County officials will report back on whether Hillside Properties has completed “seed mulching” of the property and if the company is using three watering trucks instead of one to knock down dust and sand.The county filed a lawsuit asking the judge to declare the blowing sand and dust a nuisance. The same lawsuit asked the judge to give the county a temporary and permanent injunction forcing the developer to abate the problem.Thomas did not grant the injunction, but she said if the situation had not improved by Monday, she reserved the right to be more assertive.Assistant County Attorney Michele Lieberman made no formal recommendation about how to correct the problem, other than to say the property could be seeded and watered properly, or it could be coated with a chemical substance to prevent the sand from blowing onto neighboring properties.Anthony Altieri, who says he is a victim of the dust and sand storms from High Ridge Village, was asked if he was satisfied with the outcome.“Not really,” Altieri responded. “It’s what I expected. I think we have to keep up with what they are doing.”Robert Stermer, the attorney representing Hillside Properties, said he thinks the judge wants the company to continue with the seed mulching and watering on the property.As for using three watering trucks instead of one, Stermer said he may not have communicated effectively to the judge that his client is already using three watering trucks.“The client is committed to making sure there are no more problems,” Stermer said.He said his client also wants to end the active hostilities.Sharon O’Brien, who lives next door to the defoliated 58-acre subdivision site, said the blowing sand and dust has made it impossible for her to sit on her porch. She said the dust and sand storms sometimes lower visibility.Rose Bueti, another neighbor, said the problem with blowing debris began when the developer stripped the property of trees, threw the trees in a pit and burned them. She said the ashes drifted over on her property.She said the blowing sand and dust filters through her windows and covers her sidewalk and patio.“The pool is covered. The bottom of it is dust and dirt,” she said. “All the pool furniture, the sidewalks and the windows, inside and out.”