NOT AT EASE JUST YET
Published in the Nov. 29, 2025 issue.
The debate over the “exclusive” easement on 54 Mono Street reared its head again during a public hearing at Mammoth Lakes Town Council meeting last Wednesday. And this time, everyone brought a lawyer.
The players were Keith and Kim Erickson, homeowners of 56 Mono Street, versus Bipin Morari, who wants to transform his property, 54 Mono Street, into six units of housing for his employees. Both sides were accompanied by legal counsel.
The Council decided in a 3-1 vote to delay its decision on this matter by another month, with the expectation that the parties would seek an expedited legal process to make a decision on the matter for them.
The easement issue was first presented at a Planning and Economic Development Commission (PEDC) meeting in August. During that meeting, PEDC decided to extend the issue until their October meeting. When October rolled around, PEDC voted in favor of Morari, granting him approval to move forward with his building plans. The Ericksons then appealed this decision, which resulted in the public hearing last Wednesday.
The crux of this dilemma lies in the term “exclusive.” The Ericksons claim they were sold their property in 2002 under the conditions that only they would have access to their driveway. However, when Morari was sold his property, which is currently an empty lot, the seller told him the easement was shared.
“The sole condition of our escrow was that our driveway access remained exclusive,” Kim Erickson said during the meeting. “Yet, 23 years later, the same seller promised Mr. Morari he could use our driveway as shared for his over ambitious project.”
The Ericksons remained determined not to share their easement, despite Morari’s project plan’s inclusion of an underground garage with seven parking spaces and three exterior spots.
Both sides presented legal documents supporting their perspective on the issue. Many of these documents came from the town.
Morari’s legal team especially relied on two town documents, a draft memo from 1990 and a private letter from 2023, which confirmed the easement was to be shared between the two properties.
The Erickson legal team argued these documents were invalid, and instead looked to California state laws civil code 801, 803, and 845. Each of these laws state recorded easements are binding and cannot be changed.
Many council members felt this debate was out of their jurisdiction, a stance that inhibited them from making a decision in the hearing.
“I’m not a judge. I’m not a lawyer. I am a public service volunteer,” Mayor Chris Bubser said.
Despite these legal misgivings, town attorney Andrew Morris strongly encouraged the Council to make a decision. He said taking this decision to court, and putting it in the hands of the legal system, could take over a year.
“With all due respect, I don’t think the Council can extend this item for that long,” Morris said. “I think the Council still owes everyone a decision.”
Councilmember John Wentworth countered his point. He agreed with Bubser – this issue was out of the council’s wheelhouse.
“That defies common sense,” Wentworth said. “With all due respect to the legal system, it’s not in the community’s interest to be institutionalizing conflict.”
The vote to extend rather than make a decision, Wentworth argued, was a vote in favor of the community. He raised a motion to extend the item for a month with the goal of seeking a legal agreement between the parties for the time being.
“We have an opportunity to preserve community harmony, well being, and understanding,” he said.
Councilmember Bill Sauser abstained from voting, due to a personal conflict.
Councilmember Brent Truax voted against the delay, hoping to uphold the PEDC’s decision.
“There’s several things in this case that need to be resolved, but the question before us is did the PEDC make a good decision and do we uphold or not?” Truax said. “I say we uphold it.”
The easement debate will return to Mammoth Lakes Town Council on Dec. 17.
