Courts To Decide Future Of Man's Private Island In Suisun Bay

PT. BUCKNER ISLAND (CBS SF) -- A legal battle is raging in Bay Area courts over a landowner's plans to transform an island in the Delta into a playground for Silicon Valley.

Secluded Pt. Buckner Island in Suisun Bay has become well known for its kite-surfing and other sports.

When John Sweeney bought the small Delta island, it was in pretty bad shape. The levees were breached in several places, allowing water to cover part of it.

As the new owner, Sweeny says "by law" the Suisun Marsh Preservation Act now makes that his problem.

"When you buy the property, you have a compliance period where you must fix the property to make sure the levees are water tight and all your flood structures and flood gates work," explained Sweeney. "We complied exactly with the plan."

Now the SF Regional Water Quality Control Board is proposing a $4.6 million fine for repairing those same levees. Officials say the old levees were left open too long and now most of the island is under the boards jurisdiction. And that means permits

"When it was purchased, it was a tidal wetlands," said SF Regional Water Quality Control Board Prosecutor Dyan Whyte. "On private property, when federal and state water is present, one needs authorization to conduct activities in those waters."

While the permit requirement for maintenance and repair is being disputed, all levee work has stopped.

Sweeny said the dispute will have to be settled in the Solano Superior Court.

On Thursday, Sweeney filed suit against the Bay Conservation and Development Commission, who he claims is joining the water quality board.

So far, the legal battles have cost Sweeney more than $100,000.

Meanwhile, Sweeny is operating an exclusive kite surfing club for executives, complete with shipping container lounge, fake grass carpet to stay out of the dirt and composting toilets in surplus trailers.

The amenities will be available for clients who can fly in by helicopter on his private island to enjoy what he calls some of the finest kite surfing in the state

The whole confusing matter now goes before a Superior Court Judge in August, who hopefully will determine just whose rules should be applied.