Court orders Berryessa resident to get out
By Julissa McKinnon, Register Staff Writer
A federal court has ordered Oscar Braun, who owns a trailer at Lake Berryessa's Pleasure Cove resort, to vacate the premises.
Braun said Friday he plans to comply with the federal order.
Braun had initially sued the federal Bureau of Reclamations (BOR), who owns and leases out 12 miles of Berryessa's prime lakeshore. In the lawsuit Braun had cried foul at the BOR's expectation that he and approximately 100 other Pleasure Cove trailer owners vacate the resort by the end of December 2005. Private citizens own the trailers and rent out lots on the federal land.
Braun along with several other Pleasure Cove trailer owners never signed the latest resort contract that was drafted in June 2005 between the BOR and the latest Pleasure Cove resort manager, Forever Resorts. Braun contended he could only be held to the terms of the contract he had signed with the previous and late concessionaire Richard DeLooze. Under that now-void contract Pleasure Cove trailers could have continued leasing their lake-spots until 2008 or 2009.
Nonetheless, last Thursday Judge Martin J. Jenkins issued Braun an order to vacate the premises within five days. Braun said he plans to go. Braun also said if Forever Resorts want to buy his mobile home he is open to negotiating.
BOR spokesman Jeff McCracken said the court's order for Braun's departure and the entire Pleasure Cove situation is separate from what's going on with six other trailer resorts around the lake, whose concessionaire contracts expire in 2008 and 2009. The BOR is currently deliberating the fate of these remaining six trailer resorts. All the trailer resorts have occupied 12 miles of the lake's most prime lakeshore since the late 1950s shortly after the lake came into being with the construction of Monticello Dam.
In November, the Bureau outlined several options for the lakeshore's future in a 265-page document titled the "Future Recreation Use and Operations of Lake Berryessa."
The federal bureau's "preferred alternative" calls for a revamping of the lakefront. This plan would involve removing the current trailer resorts and replacing them with new campgrounds, picnic areas, RV sites, customary lodging, houseboat rentals and other waterfront businesses.
A final "record of decision" will probably be delivered in late February or early March, according to Mike Finnegan, who oversees management of Berryessa and three other central California reservoirs for the Bureau of Reclamation.
Meanwhile down at Pleasure Cove, Braun said he hopes he can sell his mobile home to the resort's manager, Forever Resorts, for a fair-market value. The Scottsdale, Ariz.-based company manages other resorts on BOR land around the United States.
However, if the company won't pay what he sees to be a fair price for his mobile home, Braun contends he, as well as other Pleasure Cove trailer owners, reserve the right to litigate.
"We've offered to move on en masse and sell them the mobile homes. There's no reason any of us, including the Brauns, should take a financial loss. Forever (Resorts) will have an opportunity to buy the assets off the permittees and then we're outta there," Braun said. "If they elect not to do that, and these people are not interested in dealing in good faith then we're going to fight them tooth and nail in state and federal court."
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