COSTA MESA : Amphitheater Still Waiting for a Profit

The Pacific Amphitheatre has never turned a profit since opening in 1983, and in 1989 lost more than $2 million, the concert venue’s financial controller testified Thursday.

Partners in Ned West Inc. have had to loan or invest $17 million to keep the amphitheater afloat since its opening, said David Green, called as a defense witness in the ongoing suit by nearby residents over noise from the 18,500-seat outdoor bowl in Costa Mesa.

The company has paid out legal fees totaling “hundreds of thousands of dollars” in noise-related litigation, Green said during his testimony in Orange County Superior Court.

Defense attorney Deborah M. Nesset also called on two nearby residents who said they are not bothered by noise from the amphitheater, and will bring in others to testify today.

“I think it brings a definite asset to the community,” testified Joan Y. Miller, who lives across the street from the concert site.

“There are times when the music is not to my liking, but it doesn’t bother me,” said Miller, who added that party guests sometimes dance around her back-yard pool to music wafting from the Pacific Amphitheatre.

“It’s people enjoying themselves and having a good time, and that’s not offensive,” testified Miller, who has lived in the house since 1968.

Also on Thursday, the 32nd Agricultural District, the state agency that owns the amphitheater property, was released from liability in a noise suit brought by nearby resident Laurie Lusk.

The agency contracted for the construction of the facility and leased it to Ned West Inc. It does not participate in its operation.

“If the act by the government is authorized, it’s protected,” Superior Court Judge Richard J. Beacom ruled.