ORANGE : Tactic Likely Won’t Stall Jail Expansion

A last-minute court maneuver to block expansion of the Theo Lacy Jail in Orange is not expected to derail a lawsuit settlement reached last month that paves the way for plans to double the number of inmates housed there.

The county, under federal court order to ease overcrowding in its jails, has been tied up in a legal battle over the Lacy expansion for two years. The Board of Supervisors voted in December, 1987, to expand the jail from 622 to 1,326 beds at a cost of $47 million.

Shortly thereafter, the Orange City Council voted to sue the county. Joining the city was Tishman West Management Corp., owner of The City shopping mall across the street from the jail.

Last month a state appellate court ruled that the county could proceed with the expansion plans. A few weeks later the city approved a settlement after county officials agreed to house no more than 1,326 inmates under normal conditions and 1,968 inmates in an emergency.

Tishman West filed an appeal of the court ruling on Monday, but executives acknowledged that they and county officials are also close to reaching a settlement. However, Tishman West is asking for clearer limits on the number of inmates to be housed at the jail.

“On the substantive part it’s very close,” Tishman West Vice President William Durslag said. “The appeal had to be filed within a certain amount of time or we’d lose our right to appeal but we’re very optimistic we can reach an agreement with the county and put this thing to bed.”

County officials, however, indicated that they intend to reject the latest demands from Tishman West sent over in a letter to county officials last week. The Board of Supervisors was briefed Tuesday in executive session on the letter and the court appeal.

Supervisor Don R. Roth declined to discuss specifics of the case because of the pending litigation but said the county plans to proceed with its expansion despite the court challenge.

Assistant County Counsel Edward N. Duran explained: “I don’t think they have that much of a chance on appeal. . . . It wouldn’t necessarily delay anything.”