Judge Deborah Servino denied Orange County Sanitation District’s (OC San) motion in a May 2026 ruling, allowing the homeowners’ case over the 30‑foot easement to proceed to trial. She noted that OC San could not prove the structures actually impeded the district’s lawful use of the easement.
The easement, recorded in the early 1960s, contains a 69‑inch wastewater pipeline installed in 1959 that transports roughly 10 million gallons of sewage each day to regional reclamation plants. It runs through 29 backyards on Rhone Lane, a stretch that had been farmland before the 1960s housing boom.
Frank Clarke, who has lived in his Huntington Beach home since the early 1970s, installed the pool in 1973 after obtaining city permits. He says he was unaware of the easement until OC San contacted him in December 2023. "I thought the permits covered everything," he told the LA Times.
OC San’s cleanup project, launched in March 2026, aims to keep the line accessible for maintenance and future repairs. The district says it is 50 percent complete as of July and that any encroachments threaten worker safety and regulatory compliance.
The Rizzo family, whose backyard contains an above‑ground pool, swing, and fire pit, also obtained permits. Andrea Rizzo said the district never specified the pipe’s exact location. "If the pipe’s at the end of its life, then let’s discuss it when it’s scheduled to be replaced," Phillip Rizzo added, citing a potential 2025 replacement.
Twelve of the 29 owners have signed settlement agreements with OC San, allowing the district to continue work on their properties. Scott Monastra, whose pool is slated for demolition, stopped the planned removal after the court ruling, arguing the agreement should protect his property.
The case now moves to trial, where the court will decide whether the pool truly blocks necessary maintenance of the essential wastewater pipeline. The outcome could set precedent for similar easement disputes across Orange County.