Ord Market owner sues Marina for cash losses caused by adding bike lane to Imjin Parkway.

In a general sense, Ord Market owner Darryl Choates says, he isn’t upset about the widening of Imjin Parkway last year. The lease he signed with the county in 2006 specifically allowed for it.

But Choates, who in March sued the city of Marina in Monterey County Superior Court, alleges the widening of Imjin did nothing more than create a bike lane that impaired access to his business, both during construction and after.

“The last thing I wanted to do was go to court,” Choates says. “But it’s almost like I have no choice.”

The project, which added a wide bike lane from Imjin Road to Reservation Road, has been called the “bike lane to nowhere” because it doesn’t link up with other bike lanes.

Given that Imjin Parkway had already been slated for expansion to four lanes, Choates alleges the city erred in disrupting his business to add a bike lane no one uses: “I’ve seen three bikers on this road since December.”

Marina Assistant City Attorney Deborah Mall says businesses along Imjin have no standing to sue an agency over a road project. “It’s part of being a citizen,” she says.

She says the city offered to pay Choates for damages to his landscaping, but he remembers it differently. “They have never offered me a dime,” he says.

Choates’ original claim with the city was for damages in excess of $200,000. Debra Tipton, Choates’ attorney, says she has been unsuccessful in getting city officials to discuss a settlement.

Mall says it’s not going to happen: “The city is not liable. It’s not a viable lawsuit.”

The first hearing is scheduled for Sept. 8.