Man’s Battle to Build House Enters New Stage : Land Use: County relinquishes authority over the matter. Thomas Murphy must now take his case to the new city of Laguna Niguel.

Thomas Murphy did not win his battle Wednesday but remained optimistic that he will eventually be able to build a house on an ocean view lot he purchased nearly two years ago north of Dana Point.

He appeared before the County Board of Supervisors, hoping that the officials would reverse an earlier decision of the County Planning Commission that denied him a permit to build his 4,200-square-foot house. Instead, the county relinquished its authority in the matter to the new city of Laguna Niguel.

Supervisors told Murphy that they could either deny the appeal or continue the matter and transfer it to the new city.

As of Friday, Murphy’s lot no longer will be in the unincorporated area of the county. Laguna Niguel, which won cityhood in an election earlier this month, will take over responsibility for the land-use planning of the area in which Murphy’s lot is located.

“I received no compassion,” Murphy said in an interview after the county supervisors’ meeting. “I am a little guy caught in the middle.”

County officials have opposed the plan because Murphy’s house would encroach into a designated zone with treated vegetation to protect homes against wildfires. His lot is a few blocks inland from Coast Highway, near Crown Valley Parkway.

Murphy contends that he did everything the county told him to do with the understanding that a compromise would be reached and he could build his house. He said it has cost him almost $90,000 in carrying costs on his $250,000 lot and architectural fees. That figure also includes $10,000 spent on materials presented to county boards and commissions and $3,300 in fees to the county.

“I work for a living,” said Murphy, a regional manager for a large oil company. “I have my life savings sunk into this lot and house. . . .

“But I have to believe that if the people at Laguna Niguel take a close look at the lot and the house I have proposed, they will approve it. Everyone who has gone to the site and looked at it has supported it, including a member of the County Planning Commission.”

Murphy said he hopes that he can win Laguna Niguel officials’ support and then go on to seek approval from the California Coastal Commission. He said he might be able to build his house by next summer.