Judge Rejects Lancaster’s Last Challenges to Prison

A judge gave state corrections officials another victory Wednesday in their fight to build a state prison in Lancaster, rejecting the remaining challenges in a suit brought by the city of Lancaster and Los Angeles County.

Los Angeles Superior Court Judge John Zebrowski denied a request to order the state to build only a medium-security prison, rather than the maximum- and medium-security facility now planned.

The opponents also demanded that state officials expand a planned “greenbelt” to shield the 2,200-bed facility from the surrounding neighborhood.

The decision, which Zebrowski issued without comment, resolves the second part of a lawsuit filed by Lancaster and the county in January.

Last month, a judge ruled in the state’s favor on challenges by Lancaster and the county to an environmental review of the 252-acre site in west Lancaster.

Grading began at the site earlier this month.

The only remaining legal recourse for opponents--who say that the prison will hurt the Antelope Valley’s economy, infrastructure and image--is to appeal the rulings.

An appeal of the environmental ruling has been filed and will be heard sometime in the spring, when work will have already begun on a $50-million contract for the prison’s housing units.

“Obviously, we are disappointed,” said David Mann, a lawyer for the city of Lancaster.

He said the city will consider appealing Zebrowski’s decision and consolidating that effort with the appeal on environmental issues.

City and county lawyers still hope that an appellate court will temporarily halt construction and order a new environmental review, Mann said.

They believe that the findings of a new study could lead to a compromise agreement to choose a less populated site in the Antelope Valley.

But both sides say that chances of blocking the prison are diminishing as construction progresses.

Even if an appellate court requires the state to upgrade the environmental review, lawyers said, justices may be less likely to delay construction that is well under way.

“A court would give that serious consideration,” Deputy Atty. Gen. Robert Mukai said.

At the Wednesday morning hearing, Zebrowski questioned the argument by lawyers for Lancaster that 1987 legislation, which created the prison and a companion prison in East Los Angeles, permits only a medium-security institution.

Ronald Van Blarcam, a city lawyer, argued that the bill did not specify a security level.

Therefore, he said, corrections officials were bound by previous legislation calling for a medium-security prison.

In response, Mukai argued that the law gives discretion on security level to the Department of Corrections.

Legislation authorizing construction of several other prisons did not specify security level, he said.

The Lancaster prison is scheduled to begin operating in 1992.