Irvine Loses Round on Airport Growth

The City of Irvine has lost another bid to scuttle Orange County’s out-of-court settlement with Newport Beach permitting limited expansion of John Wayne Airport.

In a ruling announced Wednesday, the U.S. 9th Circuit Court of Appeals in Los Angeles turned down the city’s appeal of a decision by U.S. District Court Judge Terry M. Hatter Jr. Hatter rejected Irvine’s claim that the airport expansion agreement should be thrown out because Irvine was not consulted during settlement negotiations, though affected by the agreement.

The appellate ruling stated that Irvine officials should have known that an out-of-court settlement was likely and had ample opportunity during years of airport litigation to intervene sooner.

Irvine had claimed that its residents were adversely affected because a provision of the settlement calls for the county to reopen the search for a new regional airport site.

In previous years, some groups have advocated joint civilian-military use of the El Toro Marine Corps Air Station, which Irvine residents strongly oppose. Irvine officials say that the county’s settlement with Newport Beach amounts to a renewed attempt to select El Toro for future civilian air passenger service.