Trial Is Set for Anti-Noise Group’s Suit Against Pacific Amphitheater
A neighborhood anti-noise group on Friday was granted a trial date in Orange County Superior Court in their suit against the Pacific Amphitheatre in Costa Mesa.
Superior Court Judge Richard J. Beacom denied a request for a delay by Ned West Inc., operators of the amphitheater under a 40-year state lease, and set a trial date for May 9.
The Concerned Citizens of Costa Mesa, which filed its original suit in 1983, will have three complaints heard:
* That Ned West partner Neil Papiano and General Manager Steve Redfearn are in contempt of a court injunction issued in May, 1987, that set maximum decibel levels.
* That Ned West and the Orange County Fair Board, a state agency, violated state law with an improper environmental impact report.
* That the amphitheater is a nuisance because of excessive noise.
The judge also named Ellwyn Brickson of the county Health Care Agency as special “noise master” to resume testing and monitoring of concert sound, said Richard Spix, attorney for the citizen group.
Spix said the judge agreed to first hear the contempt complaint first, followed by the environmental report, then the nuisance complaint.
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