Lawsuit Over Pierce College Site : Temple Loses Bid to Collect Legal Fees

An Encino-based Jewish group failed Thursday to collect $58,000 in legal fees from a Woodland Hills residents group that unsuccessfully sued this month to block a temple construction project on surplus Pierce College land.

Los Angeles Superior Court Judge David P. Yaffe rejected a request by Temple Shir Chadash that the Woodland Hills Homeowners Organization be required to pay bills submitted by the temple’s lawyer.

Earlier, Yaffe had dismissed a homeowners’ lawsuit that contended that the temple’s lease on 17 1/2 acres of surplus Los Angeles Community College District land was an unconstitutional violation of laws requiring the separation of church and state.

Yaffe denied, without comment, the temple’s fee reimbursement request after Antonio Cosby-Rossmann, lawyer for the homeowners, argued that Shir Chadash attorney Peter N. Scolney did not qualify under state law for reimbursement by the losing side in the suit.

Homeowners also argued Thursday that they sued the college district--not the temple--and that college officials supplied their own lawyer without relying upon on the temple for help in fighting the lawsuit.

‘Not Worried’

“We weren’t worried” about having to pay the legal fees, said Rosemary Woodlock, president of the 600-family homeowners group. “It just demonstrates that the Thousand Oaks case is a far-out one.”

Woodlock was referring to a lawsuit filed by a Thousand Oaks homeowners group against two developers that was dismissed as frivolous by a federal judge, who then assessed $735,000 in damages against the homeowners. Directors of the Westlake North Property Owners Assn. announced Wednesday that they have approved a proposed $123,000 settlement with one developer. They are still negotiating a settlement with the second builder.

Anita Green, president of the 400-member Shir Chadash reform congregation, said she was not disappointed by Thursday’s ruling.

“I’m more disappointed by the fact that this can’t be over with yet, that the homeowners board has voted to appeal the case,” Green said. “Five people on that board are making decisions that have an impact on the whole community.”

Green said her congregation is committed to moving ahead with its construction plans. Members plan to help finance their $3-million, 75-year lease with the college district by subleasing about 12 acres to a private builder who will construct single-family homes, she said.