Kevin and Jeannette Root must demolish landscaping improvements and restore a Montecito Country Club easement after losing a three-year legal battle over property rights, a Santa Barbara judge ruled in the closely watched Montecito Country Club easement dispute.
A Santa Barbara Superior Court judge has ordered a Montecito couple to tear down landscaping improvements they made to an easement owned by the exclusive Montecito Country Club, ending a contentious three-year legal battle that pitted homeowners against the Ty Warner-owned golf course.
Judge Donna Geck ruled July 30 that Kevin and Jeannette Root violated the country club’s property rights when they installed extensive landscaping, built a retaining wall and altered the grade on an easement adjacent to their property. The court ordered complete restoration at the defendants’ expense.
The dispute began in 2021 when the Roots undertook what court documents describe as substantial alterations to an easement the country club has maintained for decades along its 920 Summit Road property. Despite explicit warnings from club management that only principal owner Warner could authorize changes, the couple proceeded with improvements that included removing existing vegetation, importing soil, and constructing permanent structures.
“The defendants had been explicitly informed by Club management that they were prohibited from altering or building on the easement,” Judge Geck wrote in her ruling on case 21CV02227. The court found that the Roots’ actions prevented the club from using the easement for planned cart paths and maintenance access.
Warner, the billionaire creator of Beanie Babies who purchased the historic club and completed a $119 million renovation in 2019, established through his legal team at Cappello & Noël LLP that he alone held authority to approve easement modifications. The firm’s partner Leila Noël and associate Richard Lloyd successfully argued that the Roots’ claims of implicit permission were invalid.
The mandatory injunction requires the Roots to remove all installations and restore the approximately 2,500-square-foot easement to its original condition under court supervision. Construction industry sources familiar with Montecito projects estimate restoration costs between $150,000 and $200,000, exclusive of legal fees accumulated during three years of litigation.
The country club’s victory was announced September 26, 2024, through press releases that local media, including Edhat, widely circulated. Legal observers view the strategic publicity as a deterrent to other property owners who might contemplate similar unauthorized improvements.
Nine months after the ruling, neither party has commented publicly on restoration progress. California Second District Court of Appeal records show no appeals filed. The court retained jurisdiction to ensure compliance, suggesting ongoing judicial oversight of the restoration process.
Santa Barbara real estate attorneys say the case reinforces California’s strict enforcement of easement rights. Rogers, Sheffield & Campbell LLP, which handles similar disputes, notes on its website that easements constitute binding property interests that transfer with ownership regardless of new owners’ preferences.
The Montecito Country Club, founded in 1894 and redesigned by Jack Nicklaus during Warner’s renovation, serves Santa Barbara County’s wealthiest residents from its hillside location overlooking the Pacific Ocean. The disputed easement had been designated for operational uses the Roots’ alterations made impossible.
Express easements like the one at issue here require written documentation and establish specific use rights that courts protect vigorously, according to the California Land Title Association. The association’s guidance emphasizes that property owners cannot unilaterally modify easement areas regardless of aesthetic improvements.
The financial consequences extend beyond restoration costs. The couple faces their own attorney fees plus potential liability for the country club’s legal expenses, which could push total costs well above the estimated restoration figures. The case joins numerous California property disputes where courts have ordered complete restoration rather than monetary damages alone.
For Montecito’s affluent homeowners, many of whom employ landscape architects and contractors for elaborate property improvements, the ruling sends a clear message about respecting documented property boundaries. Real estate professionals report increased inquiries about easement verification and proper authorization procedures since news of the judgment spread through the community.
The Montecito Country Club continues normal operations while awaiting restoration of its easement. The organization has not indicated whether it will pursue additional legal remedies if restoration work fails to meet specifications.
Sentio News continues to monitor developments in this and other significant California property rights cases.
The resolution of the Montecito Country Club easement dispute underscores the legal system’s commitment to protecting established property rights against unauthorized alterations, regardless of the improvements’ quality or the violators’ intentions.
