Costa Mesa : Court OKs Suit Against Pacific Amphitheatre

An appellate court on Thursday reinstated the lawsuit by a Costa Mesa citizens group against the Orange County Fairgrounds over problems connected with the Pacific Amphitheatre but narrowed its complaint to a single issue.

The Concerned Citizens of Costa Mesa have complained for two years about the noise and traffic problems caused by the opening of the 18,800-seat Pacific Amphitheatre at the fairgrounds. The group sued last year, primarily on the grounds that fairground operators had failed to follow state environmental impact requirements in planning the amphitheater, then changing its plans to increase the arena’s capacity.

The lawsuit claimed unfair business practices by the fairgrounds and amphitheater operators, violation of nuisance laws and improper environmental impact studies since the amphitheater was first planned in 1977.

The suit was dismissed in June, 1984, by Superior Court Judge Judith M. Ryan on all three grounds.

The 4th District Court of Appeal on Thursday agreed with Ryan’s actions regarding the unfair business practices and the environmental impact studies. It also ruled that the group had failed to bring sufficient facts to show the amphitheater was a public nuisance.

But the appellate court said the citizens’ group had shown sufficient allegations to permit a lawsuit based on claims that the amphitheater is a “private nuisance.”

The citizens group alleged in its lawsuit that concert-goers have “blocked streets and driveways, disturbed the peace, vandalized residences and thrown debris on residents’ lawns.”

Russ Millar, president of the group, said Thursday that his board will have to meet before deciding what steps to take following the appellate ruling.

“I would say that any court ruling, even if it’s just a partial victory, which allows us to try to put that amphitheater under control is welcome news,” Millar said.

A few weeks after the amphitheater opened in July, 1983, its operators placed a roof over the stage area in an attempt to reduce the noise from rock groups. But neighbors say the noise level at most concerts is still unbearable.

“Tonight is a perfect example,” Millar said Thursday. “You can go out on my front yard and hear it. It’s terrible.”

The Costa Mesa City Council, which has had numerous run-ins with fairgrounds operators over the past six years on a variety of noise and traffic issues, sided with the citizens’ group earlier this year by giving it $4,000 to help with legal costs.

The $11-million facility is the largest outdoor concert theater on the West Coast.