​For release on February 1, 2016   CONTACT:
Denise Raabe
Deputy District Attorney
Environmental Protection Unit
(408) 792-2549   LUPIN LODGE OWNER PLEADS TO TRESPASSING, SENTENCED   The owner of Lupin Lodge, a clothing-optional resort in Los Gatos, pleaded no contest to trespassing, a misdemeanor charge filed after she repeatedly diverted water from a section of a local creek that she did not own.   The corporation, Lupin Heights, Inc., and the sole owner, Lori Kay Stout, 53, were responsible for piping water to their drought-affected business despite numerous warnings to stop. Stout was sentenced by the Hon. Allison Danner to probation, 100 community service hours, a $2,500 fine, and full restitution to the victim, the Midpeninsula Regional Open Space District. The corporation pleaded no contest to one count of conspiracy, one count of trespassing for the purpose of injuring a property right and one count of unlawful diversion of water without notifying the Department of Fish and Wildlife, misdemeanors.  Lupin Heights, Inc., was sentenced to three years court probation, with several special conditions of probation relating to the charges.   “The victim in this case, a public entity whose purpose is to protect open space for future generations, will receive full restitution for the costs incurred repairing the environmental damage caused by the defendant’s actions,” Deputy District Attorney Denise Raabe said. “This appropriate sentence underscores that individuals and businesses cannot simply take what they want from their neighbors without permission or consequence.”
Last July, the defendants asked the Midpeninsula Regional Open Space District if they could install temporary lines to collect water from Hendry’s Creek on the MROSD managed property for use at their  lodge. MROSD officials declined the request.
Despite this, between July 28, 2014, and November 1, 2014, employees of Lupin Lodge repeatedly trespassed onto the property managed by MROSD. Evidence shows that an old fire trail was cleared, causing significant environmental damage, and multiple water lines were installed into Hendry’s Creek and other springs on the MROSD property. All of the water lines ran to or delivered water to the Lupin Lodge water system.   Charges were dismissed against resident-employees John Berryessa, 50, Michael Buckland, 39, and Glyn Stout, 77, who died last year.   # # #

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