Kaddis ruling draws national spotlight
By Kelly Eells

Ventura County Superior Court Judge Kevin McGee's ruling in an Ojai Valley landowner's trial has given environmental activists from San Diego to Oregon reason to celebrate.

The precedent-setting case has been garnering statewide, even national, attention since May 23, when the defendant, Los Angeles real estate agent William Kaddis, was convicted of 11 criminal counts related to the bulldozing of 301 state-protected oak trees on his Lake Casitas-area property. Indeed, "the largest rape of land in Ventura County history" has become something of a cause célébre - and not just for environmentalists. A June Newsday.com editorial cites the case as "one more example of our diminishing property rights," while a Yahoo News Service report, "Brave New World," prompted this angry response: "In other words, folks, your private property is now 'our environment.'"

The case also found its way into "The Odd Truth," CBS News reporter Brian Bernbaum's compilation of "strange but factual news from around the world," with the headline, "Oak Tree Massacre Could Send Killer Away."

But if McGee saw any humor in the headline, he didn't let on as much. On Friday, he sentenced Kaddis to seven months in jail and five years' probation, a key term of which includes "paying $500,000 dollars in restitution to the Ojai Valley Land Conservancy," per Deputy District Attorney Karen Wold.

"This sends a nice message to others," she said.

Though she had originally asked for three years' jail time and $800,000 dollars in fines, Wold added that she was "happy with the result." Especially since "his probation starts immediately. Though he's posted bail and filed an appeal, that, and the terms of it, was stayed right away."

Kaddis, in other words, "should already be working out the terms of his restitution payments with the Probation Dept. He's also been ordered to submit an engineering report - prepared by an engineer familiar with the county's Hillside Erosion Control Ordinance programs and plans - and pay an as-yet undetermined civil judgment for counsel" (incurred by the county as a result of the two trespassing complaints Kaddis filed against it).

Wold indicated that she was particularly pleased with the court's decision to "direct the money to the Land Conservancy, where it was sure to be used as intended, for the preservation of the environment."
She explained that, while "the court couldn't make him, Mr. Kaddis, donate the money to the OVLC - nor could it specify any other
organization - the county tree ordinance" provides for such allowances.
Wold was also quick to point out that, "the Land Conservancy didn't propose this. I recommended that the money go where it could be of the most use," during a meeting with the Planning Commission and other Resource Conservation District officials.

Another term of Kaddis' probation mandates that he "keep no more than four dogs" on the property for the five years of its duration. Shaking her head, Wold noted that, "as of his conviction date, he still hadn't removed (the other 50-plus) dogs ... showing just a blatant disregard for county rules."

Local resident Bruce Roland wonders if "the preservation of any oak tree will (now) require the buying of any dirt in which it's growing.
"It's kind of sad that this 'compensatory mitigation' is in place," said Roland, adding that it "seems (similar to) 'prosecuting nothing for profit.'"

© 2003 The Ojai Valley News

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