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Lawsuit filed to force city to address smelly sea lion situation at La Jolla Cove

A local non-profit group has turned to the courts to try to remedy a smelly situation at La Jolla Cove that local business owners say is stinking up their profits.

LA JOLLA (CBS 8) - Businesses in La Jolla say the odor from animal droppings at the La Jolla Cove is driving away customers and driving down profits.

The "Citizens for Odor Nuisance Abatement" recently filed a lawsuit in San Diego Superior Court, naming the city of San Diego and interim Mayor Todd Gloria as defendants, demanding they clean up the putrid build-up of sea lion excrement and bird guano coating the rocks on the bluffs.

According to this suit, a city-built fence around La Jolla Cove, restricting human access, is contributing to the current crisis, and is asking the fence be taken down..

"We're not saying anyone should approach or harass any of the sea lions here or any of the wild life, but if people were allowed access on these cliffs, then the sea lions and the birds would probably poop somewhere else," said Bryan Pease, one of the lawyers who is representing "Citizens for Odor Nuisance Abatement" pro bono.

"Our hope is that the lawsuit will help cut thru some of the bureaucratic red tape," Pease added.

The city has 30 days from the date the suit was filed to respond.

Interim Mayor Todd Gloria told CBS News 8 the issue is more complicated than people think due to state and federal regulations, and now the new lawsuit.

"Certainly litigation doesn't help these kinds of things, regardless of the intent or the objective of the litigation. Frankly it's just another barrier to solving the problem that needs to be solved," Gloria said.

Earlier this year, a company called Blue Eagle was hired by the city to chemically clean up the build-up of bird poop in the area. But unfortunately, Gloria says that wasn't a long-term fix.

"We're working every day on this issue," he said.

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