The city of San Diego plans to ask a judge to vacate an order giving the city 72 hours to scare harbor seals away from the Children's Pool in La Jolla. It's the latest move in a decade-long battle over the use of the pool.
San Diego City Attorney Jan Goldsmith says he'll ask Judge Yuri Hofmann to lift the order requiring the city to scare away the seals at the Children's Pool.
Governor Arnold Schwarzenegger signed a state bill giving the city the power to decide whether the seals should stay or go.
The city had planned to scare the seals off with the recorded sounds of barking dogs, which could still happen if the judge turns down Goldsmith's request.
Goldsmith says he'll appeal if the judge refuses.
"We will also, as I told the city council and the mayor this morning, we will take all legal means to return the decision-making on this back to the city council and end all this expensive and nonsensical litigation," Goldsmith says.
Goldsmith also wants a 2005 ruling dismissed that requires the city to dredge the pool and replace the contaminated sand.