Attorney back in court after city move on seals

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.