Way Cleared for 2,950-Seat La Verne Theater Complex : Litigation: A judge rejects a businessman’s challenge that the project is too big and would create traffic congestion.

A judge has cleared the way for construction of a 2,950-seat movie theater complex on Foothill Boulevard in La Verne, rejecting a challenge by a businessman who contends that the project is too big and would create traffic congestion.

Los Angeles Superior Court Judge William Huss refused to issue a writ of mandate that would have forced the city to study the matter again.

The writ was sought by Bob Mastro, who owns a pharmacy across from the proposed theater site. He argued that traffic studies for the project failed to evaluate the cumulative effects of new and proposed construction in the area.

Huss rejected Mastro’s request in a written order issued Monday that did not explain his decision.

Edwards Theatres Circuit Inc. of Newport Beach must obtain a building permit and start construction within the next four months or run the risk of having the project blocked by an initiative that will be on the April municipal election ballot.

The project has been stalled since it was approved by the City Council in 1989.

Last year, Mastro won a court victory that compelled the city and Edwards to redo their initial environmental studies and pay Mastro $28,000 in legal expenses.

The new studies, however, did not lead to any changes in the project, which includes two restaurants as well as a 12-screen theater complex, and it was approved by the council for a second time in February.

Again, Mastro went to court, arguing that the additional studies also were flawed. But Huss ruled against him.

City Manager Martin R. Lomeli said the environmental studies, legal fees and construction delays stemming from Mastro’s lawsuits have cost the city and the theater chain $250,000 to $500,000. But, in the end, he said, the city’s process has been vindicated and La Verne will not only obtain its first theater, but gain a development that should stimulate other business growth.

Residents opposed to the size of the theater complex circulated petitions that put a measure on the ballot that would prohibit construction of any theater with more than 1,000 seats. City Atty. Robert L. Kress said the measure, even if approved, will not apply to projects already under construction.

Mastro said he has not seen the court order and could not comment on the possibility of appealing until he consults with his attorney.