Local News

Aug 26, 2010 8:15 PM by Danielle Lerner

Judge upholds ruling that residents must leave Sunny Acres by Sep. 3

Another chapter in the Sunny Acres debate.

With a court-ordered move out date fast approaching, a San Luis Obispo County judge Thursday denied Dan Devaul's request to let Sunny Acres residents stay put.

Last month a judge ordered the facility to shut down and evict about 30 tenants by August 20.

That deadline was later extended to September 3.

The county says the buildings are not safe but Devaul claims the county is blocking his attempts to fix the problems.

Robert Jenkins was hard at work Thursday afternoon, breaking down a condemned trailer on the Sunny Acres site.
He is one of about 30 people who could be forced to leave on Friday, September 3.

"Whether we stay or go you know it's got to go on," Jenkins said.

Meanwhile Sunny Acres Owner Dan Devaul was listening quietly in court, as his attorney tried to convince a judge that the buildings in question are structurally safe.

He also says his client is making every effort to comply with the county's requirements.

"The county has refused to accept any permits for legalizing certain structures used for bathrooms, showers and cooking facilities," said John Belsher, Devaul's attorney.

"I'm willing to build or whatever it takes if they'll just give us the permission and an idea of what they want," said Devaul.

However the County's Senior Planner John Busselle says that just is not the case.

"We can grant permits to correct what's required by the court order but he has not asked about applying for permits for those at this point," said Busselle.
Like Devaul, he too is hoping for a peaceful and timely resolution.

"It's been a long process with a lot of staff involved, a lot of staff time involved, several years now and we would definitely like to get it resolved," said Busselle.
It is still unclear what happens on September 3, both Devaul and the county say they do not have any concrete plans in place just yet.

A county spokesperson says if the tenants do not leave a judge will decide what legal action, if any, will be taken.

A county inspection of the property is scheduled for September 7 and the case is due back in court September 9. Meanwhile, Devaul has applied for a building permit to construct an 8,000 square foot home on the property. The application is still under review.

» There are multiple updates to this story. Please click here to get the latest information.

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