Judge Challenges Attorney for Amphitheater in Noise Case

A judge trying to resolve longstanding noise complaints from neighbors of the Pacific Amphitheatre on Thursday questioned concerns raised by the amphitheater’s management that restricting concert noise might deter performing artists.

Orange County Superior Court Judge Gary L. Taylor said that Ned West Inc.--the builder and operator of the Costa Mesa facility--provided “misleading” information about the potential loss of bookings due to the noise issue.

Earlier this month, at the request of neighborhood residents, Taylor said he would order limits on noise coming from concerts. But Taylor has stated repeatedly that he does not intend to put the facility out of business, and he has yet to specify how the noise will be monitored and limited.

Ned West lawyer Neil Papiano has produced declarations from agents of John Denver, the Beach Boys and other performers that state the artists may choose to perform elsewhere if sound is restricted at the amphitheater.

In the latest court hearing in the 4-year-old case, Taylor told Papiano that suggestions that “severe limitations” might be imposed on the noise level might have misled the artists.

Papiano, insisting at one point the documents were not “bogus,” said Ned West has already encountered difficulty in winning commitments for a full summer concert season.

“If what you’re trying to say is these people insist that nobody mess with their sound, I say baloney,” Taylor said.

The judge also questioned Ned West’s request that the neighbors be required to post a $17-million bond, which would guarantee reimbursement of amphitheater losses if the neighbors lose when a full trial is held.

Taylor pointed to Papiano’s consistent claim that the amphitheater is already in substantial compliance with the county noise ordinance.

“As a result of that, I have a hard time seeing how it will cause them millions of dollars in damages,” Taylor said.

Until Taylor issues a specific order, Papiano responded, Ned West can have no idea of how much money it might lose.

Earlier Thursday, a group of six noise experts filed a report recommending ways of monitoring sound at the amphitheater.

Taylor had asked the experts--including one representing Ned West and one representing the neighbors--to meet and try to agree on some of the technical problems.

The panel recommended that four concerts be monitored, beginning June 3, to measure noise levels both at the perimeter of the amphitheater and at nearby residences.

Those measurements could reveal a key to the case--how much of the noise is generated by concerts and how much by ground and air traffic and other background sources.

Ellwyn Brickson, a county sound expert, offered to oversee monitoring operations during the four concerts.

Each side objected to portions of the report. Richard Spix, lawyer for the residents, urged Taylor to limit, as well as monitor, noise during the experimental period. He contended monitors could be connected directly to the amphitheater’s main sound controls that would automatically turn down volume when noise standards are exceeded.

Papiano objected to a portion of the report suggesting long-term solutions, which stated that building “an acceptable enclosure would be the ultimate long-term solution.” Papiano told Taylor he estimated that would cost as much as $6 million.

Taylor took the case under submission.