HUNTINGTON BEACH, Calif. (KABC) — The Orange County Sanitation District continued work this week on a controversial sewer easement project, demolishing another backyard pool as a legal battle with homeowners along Rhone Lane moves toward trial.

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OC San says it needs better access to a critical underground sewer pipeline that carries 10 million gallons of wastewater each day and plans to remove portions of some backyards, including patios and pools, within a 30-foot-wide easement area.

While some homeowners have signed agreements allowing the work to proceed, others are challenging the project in court.

One Huntington Beach homeowner whose neighbor’s pool was demolished Thursday said the work serves as a reminder of what could happen to his own property if homeowners lose their case.

“Every day is full of surprises,” said Frank Clarke.

Clarke said the demolition next door has made the dispute feel increasingly personal.

“It’s like reading a mystery book. You know how the ending gets closer and closer and now it’s where you can see and hear yourself go, how much time do I have left?” Clarke said.

Clarke is among 29 homeowners along Rhone Lane who could lose significant portions of their backyards because of the easement. He said his pool, which was installed more than 50 years ago, could also be at risk.

“The worst possible scenario is that we lose our pool,” Clarke said.

According to homeowners, the sanitation district offered to cover the cost of backyard demolition for residents who signed settlement agreements. They were presented to homeowners in December 2023. The homeowner whose pool was removed Thursday agreed to the terms, but more than a dozen others declined and are continuing their legal challenge.

Earlier this year, a judge ruled the case could proceed to trial. Some homeowners believed that decision might stop construction activity, but OC San says work will continue on properties where access agreements have already been secured.

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“Construction is moving forward where OC San has secured access through signed settlement agreements,” said OC Sanitation Director of Communications Jennifer Cabral. “These activities are separate from the properties involved in the litigation. Construction on properties with agreements and the access road will continue as planned and be completed by the end of this year.”

Local real estate broker Pam Etem said the dispute is already affecting the neighborhood’s housing market.

“I hurt for the homeowners. They’re dear people. Most have been here at least 20 years,” Etem said.

Etem said ongoing litigation contributed to two homes along Rhone Lane selling below market value. She said listing agents did not properly disclose the litigation, causing sales to fall out of escrow.

While many homeowners remain hopeful they can preserve their backyard space, she said the project’s impact is extending beyond the immediate area.

“It’s gonna affect other neighborhoods as well, just based on what’s going on here. And I’m already seeing it,” Etem said.

It remains unclear what would happen to properties where demolition work has already occurred if homeowners ultimately prevail in court. A trial is currently scheduled for March 2027.

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