Complex Not Illegally Built Over Fault, Court Rules : Lawsuit: State appellate justices deny claim by three neighbors of a Huntington Harbour condominium project.

An $18-million condominium complex of $500,000 units in the Huntington Harbour area of Huntington Beach was not illegally built over a geologic fault, a state appellate court has ruled.

The lawsuit was filed by three Huntington Harbour residents who live near the 36-unit Huntington Harbour Bay Club condo complex at 4165-67 Warner Ave., near Pacific Coast Highway. It alleged that the project violated state law because it was built over a fault area.

The active Newport-Inglewood fault traverses the Huntington Harbour area, and the lawsuit alleged that the condos were built within 50 feet of the fault, in violation of a 1973 state law.

The appeals court denied the claim, agreeing with the developer and the city, which had approved the project.

“Substantial evidence supports the city’s findings that the (condo) project complied” with state law, the court said.

The appeals court also dismissed other charges, including claims that the project had violated a state tidelands easement.

Barbara Devlin, one of the Huntington Harbour residents who sued the condo developer, said Thursday that the case may be appealed to the state Supreme Court. “We haven’t decided yet,” she said. “I am outraged at the decision.”

Jon Coultrup, managing partner for the project, said Thursday that the decision had vindicated him and his company, Seal Beach-based Coultrup Development Co.

“I’m very happy the court completely supported our position and the position and actions of the city,” Coultrup said. “It’s just unfortunate that the will of several people (who sued) could cause such a negative, long, drawn-out process.”

Devlin and two other Huntington Harbour residents, Joseph Scheitzach and John Kerkes, had first objected that the four-story height of the condo project blocked views of the harbor. But as the 18-month-long case developed, the residents added the earthquake safety challenge.

The decision by the 4th District Court of Appeal affirmed a February ruling by an Orange County Superior Court judge.

Condo Claim Denied Multimillion-dollar condo project that court ruled was not illegally built over an earthquake fault.