Costa Mesa : Outdoor Theater Sued Over Contract Issues

The Orange County Fair Board has filed a lawsuit against the managers of the Pacific Amphitheatre for allegedly breaching both a written and oral contract with the board.

The civil suit, filed in Orange County Superior Court, alleges that amphitheater owner, Ned West Inc. of Los Angeles, failed to correct four contract violations despite an earlier warning from the Fair Board and after being given 30 days to comply.

The board claims that Ned West failed to build a $2-million stage house, failed to install a separate water meter and refused to remove temporary restroom and concession structures that were never approved by the Fair Board. Further allegations are that improper construction resulted in cracked and buckled sidewalks.

The Fair Board last month had threatened to file the suit against the managers of the amphitheater unless nine violations of their 40-year lease agreement, including non-compliance with noise and alcohol ordinances, were corrected by mid-September.

Jill Lloyd of the Fair Board said Monday that the lawsuit did not include the noise issue because the board wanted to study it further. Lloyd said she hoped the remaining issues of contention could be resolved out of court.

The suit is the second against Ned West in two years. Costa Mesa residents living near the outdoor theater sued the company over what they say are intolerable noise levels generated by the performances.