Tuesday, October 29, 2013

SEA BREEZE PROJECT DEFEATED, SURFRIDERS CELEBRATE



By Rob Nixon
From http://robnixon.blogspot.com
SOUTH PADRE ISLAND -- For those that follow this blog and the Surfrider Foundation South Texas Chapter, you know that the defeat and removal of the illegal Sea Breeze Retaining Wall on the Cameron County controlled beaches of South Padre Island has been a major campaign.
The arrogance and deception displayed by the Property Owner and the Cameron County Dune Protection Committee in order to get a development established that was in violation of several state coastal development codes and Cameron County's own Dune Protection Plan was a slap in the face to the public tax payer and the public's beach that these codes and rules exist to protect.
The Sea Breeze Estates was the precedent that all other future development projects would be set against and, in the opinion of the Surfrider Foundation, needed to be stopped in its tracks.
As a result, the Surfrider Foundation South Texas Chapter raised the alarm with the Texas General Land Office (GLO) when it was obvious that what was being built was not in accordance with the permit that had been issued and the state's coastal development codes and laws and Cameron County's own Dune Protection Plan.
Members of the Chapter attended Commissioner court meetings to protest the development, attended Cameron County Dune Protection meetings where the issue was being discussed and they provided photos of what was going on on a daily and weekly basis to the Texas General land Office including "midnight excavations" to trench the dunes for the illegal wall, construction photos and photographic proof that the wall was already in peril from tidal events in the Gulf of Mexico.
The City of South Padre Island's Coastal Resources Manager Reuben Trevino was doing the same and keeping an eye on the project as the city understood that they would inherit any financial liability from such an illegal project. These efforts, in part led to the temporary injunction that shut down construction in January of 2013 from the Texas Attorney General's Office.
These Surfrider Foundation Activists, everyday beach users, and the City of South Padre Island deserve a huge thank you from the citizens of Cameron County and Texas who use and enjoy those beaches as this development would have eventually cut off their beach access to the north and cost them millions in tax money to "protect" this ill advised project.
However, there are people that also need to be thanked that picked up this case and very seriously and effectively handled it at the state level. These are outstanding public servants in my book that rarely if ever get a thank you from the public and I, as well as the entire Surfrider Foundation would like to take some time and thank them.
Without the help and dedication of people like Angela Sunley, Jason Pinchback, Natalie Bell, David Land and other staff members of the Texas General Land Office and Ken Cross and Shelly Doggett at the Texas Attorney General's Office, this case could not have been effectively prosecuted and it would have waffled and been ignored in the Cameron County system. 
The Texas AG's office dedicated over 1,400 hours to this case and its positive outcome for the Texas Taxpayer and Texas Public Beach User. We can not thank you enough for your dedication to our Texas Coast and its governing codes and laws! Y'all are true public servants in my eyes and we owe you all a drink and dinner!
As a result of the above mentioned's efforts and dedication, a Travis County District Court Jury ruled in favor of the State of Texas, the Texas Public Taxpayer and the Texas Public Beach User. On Friday, October 11, 2013, the Jury ruled in favor of the state and found Sea Breeze Estates and its Owner Larry Polsky guilty on all counts.
The outcome was that Mr. Polsky and Sea Breeze Estates is to pay $10,000 in fines, $200,000 in legal fee reimbursements to the state, must remove his illegal wall and mitigate damage done to the dunes as a result.
Though it took some time and a lot of effort on the parts of many players, through a grass roots and state agency effort the system was proved to work! It is my personal hope that this sends a clear message to Cameron County and especially to the Cameron County Dune Protection Committee that we are watching and will continue to hold your feet to the fire.
The Surfrider Foundation and myself would like to send a huge Texas sized mahalo out to you all; Activists, Volunteers and Public Servants! You all are Rock Stars for our Texas Coast!

3 comments:

Rob Nixon said...

Thanks for posting this!

Anonymous said...

It is nice to see government working for the people and not against them.

Our local politicos should take note.

Anonymous said...

Hay mr MAHALO why dont you go to hawaii an find yourself a sweet little quiet corner of the beach to retire to?

rita