Attorney Paul Kennerson filed papers in San Diego Superior Court Thursday in an attempt to stop the city of San Diego from pursuing a change in the 1931 tidelands trust that transferred the La Jolla’s Children’s Pool deed from the state of California to the city of San Diego.
The City Council voted 7-1 Tuesday, with First District Councilwoman Sherri Lightner dissenting, to seek state legislation to block the court-ordered removal of harbor seals from the Children’s Pool beach. The council approved asking State Sen. Christine Kehoe to sponsor legislation making seal habitation a permissible use of the pool.
“There’s a lot of legal authority that a public entity trustee of a public trust cannot attempt to change a public trust,” said Kennerson. “The courts say the act of even attempting it is beyond their powers.”
Kennerson said a ruling on his motion is scheduled in Superior Court Friday at 3 p.m.