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SAN DIEGO (KGTV) - One of San Diego's hottest restaurant groups is suing the City of San Diego, in part, for negligence. The owner of Little Italy’s The Crack Shack and Juniper & Ivy gave 10 News an exclusive interview regarding allegations that the city failed to remedy issues which led to last summer’s massive water main break that flooded much of the area. “It seems the city is using a ‘whack-a-mole’ approach,” says restaurant owner Michael Rosen when asked about the city’s way of addressing underground piping issues.  Rosen’s Juniper Hospitality restaurant group in suing the city for negligence, negligent interference with economic advantage and prospective economic advantage, and inverse condemnation. According to the recently filed lawsuit, before the July water main break, “…the defendants were working within the area and had left temporary water pipes above ground, which were being run over by hundreds of cars a day, for approximately six months with no further attempt to repair or remove…The Defendants issued a ‘quick fix’ to the problem in lieu of fixing the unstable water main which resulted in the massive rupture that occurred.” “This is what happens when you ignore a problem for so many months,” he tells 10 News. Rosen claims more than 400 reservations had to be canceled. “We likely lost 30 to 40 thousand dollars in revenue for the day and it was a very busy day,” he adds. “It’s just mind-boggling,” says Adam Babin of Power Keg Athletics. Babin’s CrossFit studio was destroyed beyond repair. He believes he lost more than 0,000 in property, alone. “Hands down, this was the toughest and most mentally and emotionally [difficult] situations I've ever had to deal with in my life,” he adds.  “It definitely hurt my business for sure,” says Rebecca Hyde-Edwards of Hyde Edwards Salon and Spa. Hyde-Edwards, Babin and Rosen say they have yet to receive adequate responses from the city after submitting their damage claims.  "This is a destination area and [the city] should look out for all the businesses that make it what it is,” adds Hyde-Edwards. A City of San Diego spokesperson tells 10News the city has received 28 claims and paid out .5 million to date. Only 3 of the 28 claims have been resolved. It reports that claimants have not submitted all of the supporting documentation, so not all claims have been paid. Timeframes for payments are reportedly done on a case by case basis and vary depending upon when all the supporting documentation is received and evaluated by the City.  The city’s aging water system infrastructure has wreaked havoc. More than 0 million have been spent in the last 5 years to repair and replace more than 100 miles of piping. Rosen tells 10News he’d be happy to drop his lawsuit if the city had a comprehensive plan to fix Little Italy’s crumbling piping. “It’s our expectation and justifiable fear that we'll have to close many days in the future unless this is really addressed,” he says of his restaurants.  A city spokesperson reports the broken section of pipe in Little Italy was immediately replaced after the flooding. The city’s 0.95 mile pipeline replacement project in that area was reportedly completed last summer. A spokesperson for the city says there are no additional plans for pipeline repairs or replacement for that immediate area.  The city will not respond to the lawsuit. It reports it doesn't comment on pending litigation.  Visit Group Job 954 for a closer look at the project being referenced in this story. The  CIP Project Map Viewer has the status of city projects in your area, which can be searched by address.    3797

SAN DIEGO (KGTV) — Officials have called off the search and rescue operation for eight service members who went missing after an amphibious assault vehicle accident off San Clemente Island last week.The 15th Marine Expeditionary Force said in a release Sunday that all eight members — seven Marines and one sailor — are presumed dead after it was determined, "that there was little probability of a successful rescue given the circumstances of the incident."Officials say they searched for 40 hours covering more than 1,000 square nautical miles in their efforts to find the missing service members.RELATED: Camp Pendleton Marine dies, 8 missing in training accident off San Clemente Island“It is with a heavy heart, that I decided to conclude the search and rescue effort,” said Col. Christopher Bronzi, 15th MEU Commanding Officer. “The steadfast dedication of the Marines, Sailors, and Coast Guardsmen to the persistent rescue effort was tremendous.”Officials said their efforts will now turn to recovery of the missing service members. An offshore supply vessel HOS Dominator, as well as Undersea Rescue Command, are surveying the seafloor to help.“Our thoughts and prayers have been, and will continue to be with our Marines’ and Sailor’s families during this difficult time,” said Bronzi. “As we turn to recovery operations we will continue our exhaustive search for our missing Marines and Sailor.”RELATED: Safety examined after deadly Southern California amphibious assault vehicle accidentOn July 30, 15 Marines and one sailor were participating in the training exercise off the coast of San Clemente Island when the AAV began taking on water and sank. Of the 16 service members on board, eight Marines were rescued, one Camp Pendleton Marine died at the hospital, and two others were hospitalized in critical condition as of Saturday.The cause of the accident is still being investigated. The names of the Marines and sailor will be released 24 hours after their next of kin are notified, officials added.The USS John Finn, the USS Makin Island, the USS Somerset, and the USS San Diego all assisted in the search and rescue effort, as well as 11 U.S. Navy SH-60 helicopters, multiple Navy and Marine Corps small boats, the U.S. Coast Guard Cutter Forrest Rednour and a Coast Guard MH-60 Jayhawk helicopter. 2324

SAN DIEGO (KGTV) — Neighbors point to a devastating Northern California fire as their strongest case towards getting the latest housing development denied in East County.Dozens killed and home after home devastated by the Camp Fire in Paradise, Calif., last year."A fire here would cause massive casualties and probably burn into Chula Vista or San Diego," Peter Anderson, of the Sierra Club, said in front of the County Administration Building Wednesday.Neighbors and environmental advocates opposed to Otay Ranch Village 14 say the county needs to stop piling up hazards. Despite the protest, the county moved Wednesday to move forward with the project."This is a catastrophe in the making," Dan Silver, of the Endangered Habitats League, said. "There are tens of thousands of unbuilt units in good village locations, there is no need to put a project in such a dangerous location."Those opposed also believe evacuations would be an issue adding the infrastructure should go elsewhere.The locations for many of the new housing developments in San Diego have been called dangerous. Near Escondido, the Harmony Grove and Valiano subdivison faced similar fire fears related criticism but both were eventually passed by the county board."This project is the poster child for dangerous sprawl development," Anderson said.People who don't want to see more homes built where fires have burned feel it's about putting more folks in harms way. 1444

SAN DIEGO (KGTV) - No ticket will be needed on San Diego’s buses, trolleys, Coaster, and Sprinter Wednesday as part of the Metropolitan Transit System’s Free Ride Day. This is the second year of the event, which encourages San Diego County residents to find alternatives to solo commutes. Travelers have a chance to win prizes including SDSU football tickets, Starbucks and Vons gift cards, and a stay at Sycuan Casino Resort at pop-up booths and online. Free Ride Day occurs during SANDAG iCommute’s Rideshare Week, and is held in conjunction with California Clean Air Day. For transit information, click here to access the MTS Trip Planner and One Bus Away app. 671

SAN DIEGO (KGTV) — Next time you head off to your gate to catch your flight, make sure you look over your bin upon leaving the TSA checkpoint.Transportation Security Administration officials say the agency collected 6,030.44 in unclaimed money that passengers left behind at security checkpoints last fiscal year, between Oct. 1, 2018, and Sept. 30, 2019. Of that, ,899.09 was in foreign currency.In San Diego, airport officials say ,809.39 was left behind by travelers.TSA says the money consisted of loose change and paper currency passengers removed from and left in bins during the security screening process.While San Diego saw nearly ,000 left behind, it was nowhere close to the top five U.S. airports:John F. Kennedy International Airport: ,110San Francisco International Airport: ,668.70Miami International Airport: ,694.03McCarran International Airport: ,401.76Dallas/Fort Worth International Airport: ,218.19For passengers, the agency recommends placing any money in carry-on bags during the security screening and to double-check the bin before leaving.If a passenger leaves any belongings behind, they can contact one of TSA’s lost and found offices at airports. 1209

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