Former Moonlight Beach Concession Stand Operators Sue City

Treggon and June Owens, who had operated a food and drinks concession stand for more than 3 years on Moonlight Beach, have filed a lawsuit against the City of Encinitas, claiming that they were victims of a violation of contract. 

According to court documents filed on June 18, the Owenses claim "the city engaged in a series of misguided and legally improper acts" that led to the eventual closing of their stand. 

In the fall, the stand was demolished as part of a $4.5 million renovation project on Moonlight Beach. However, according to U-T San Diego, the suit claims that the Owenses were not properly notified of the demolition, and were unfairly removed from an annual contract with the city. 

The city-owned concession stand reopened on June to a different managerial team, Moonlight Beach Deli & Dogs. 

According to the newspaper, the Owenses paid more than $100,000 in rental dues to the city from 2009 to Sept. 2012, as well as put in thousands of dollars of their own money to make repairs and improvements to the old structure.

They face one major legal hurdle, however. City Attorney Glenn Sabine responded with documents stating that the Owens were notified in February 2012 that they could only operate under a six-month renewal lease, given the pending renovation project.

Based on that timeframe, the plaintiffs have allowed more than a year of time to lapse before filing the lawsuit, which could lead to its dismissal. 

The plaintiffs are seeking "no less than $130,000" in damages, according to U-T San Diego. There is currently no court date set.