Judge Orders Thousand Oaks Homeowners to Pay Developers

A federal judge has dismissed a lawsuit filed by a Thousand Oaks homeowners group against a 2,257-unit housing project and has ordered the residents to reimburse the developers for their legal expenses, which may run more than $80,000.

U.S. District Judge Dickran Tevrizian Jr. on Monday warned the homeowners that if they continue to try to block the 2,500-acre Lang Ranch development by appealing his decision, they could be ordered to pay millions of dollars more to the developers and might lose their homes.

Tevrizian said he will set a hearing date soon to determine the exact amount the Westlake North Property Owners Assn. owes the developers for their legal fees and other costs. One developer, the Lang Ranch Co., estimated that it has spent more than $80,000. The other developer is The Anden Group.

‘Recovering From Shock’

The association of about 500 homeowners, which filed the suit against the city of Thousand Oaks and the project’s two developers in the fall, are “still recovering from the shock of the decision,” said Theresa Hooks, the homeowners’ attorney.

The homeowners will meet by the end of next week to decide whether to keep fighting the Lang Ranch development, she said. They have 30 days to appeal.

“This could have a far-reaching, chilling effect because if this court’s decision is any indication, when you speak out on environmental issues, you risk losing your home,” Hooks said.

But Thousand Oaks City Atty. Mark G. Sellers said the case was unique and should not discourage residents from challenging other developments.

The lawsuit claimed that the city had violated its 1980 growth-control ordinance by approving the Lang Ranch development east of the Moorpark Freeway between Avenida De Los Arboles and Sunset Hills Boulevard. The ordinance limits new housing construction to 500 units per year.

Homeowners Protest

The City Council approved the project in September over the protests of homeowners, who said the project would create traffic and air-quality problems.

City officials said they had no choice but to approve the development under the terms of a settlement the city negotiated with the property owner in 1986. That settlement ended a suit filed in U.S. District Court by Lang Ranch Co., which claimed that the City Council agreed in 1971 to exempt the property from any growth-control law.

The homeowners’ lawsuit said that the city and the project’s developers improperly agreed to the settlement without consulting the public. It sought to have the city reassess the project’s environmental impact.

Sellers said that homeowners had 90 days to appeal the 1986 settlement agreement, or that they could have voiced their objections to the project at public hearings in 1987.