SEAL BEACH : 3 Sides Back in Court Over Hellman Land

The three sides in an expensive legal battle over development of the Hellman Ranch property were back in court this week to present their arguments before state appellate judges.

The case is expected to decide whether Mola Development Corp. can build houses on the 149-acre property.

Mola’s proposed development, which would consist of 329 houses, 41 acres of wetlands and 26 acres of parks, was approved by the City Council but overturned by a Superior Court commissioner because the city’s housing plan was out of date.

Both Mola and the Wetlands Restoration Society appealed. Mola wants its approval reinstated and the Restoration Society is asking the court to reconsider some of the group’s other arguments against building the project.

After the Superior Court ruling, the Mola plan was returned to the City Council and rejected. Mola’s plan then went before voters in a June 4 ballot initiative and was also defeated.

However, Mola attorney Jeff Oderman argued that the matter should not be decided by a popularity contest. Further, he said, the developer should not be penalized because the city did not follow rules and update its housing plan as required by the state. Oderman said the Superior Court at most should have suspended the approval until the city updated its housing element.

But Jonathon Lehrer-Graiwer, who handled Wetlands Restoration Society’s lawsuit, argued that the Superior Court commissioner acted correctly in rescinding approval for the development because the council’s vote was taken while the housing plan was obsolete.