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LAGUNA NIGUEL : Lawsuit Threatened Over General Plan

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Attorneys for the owners of a hillside parcel known as the Binion property notified the city Tuesday that they will file a lawsuit this week challenging the city’s newly adopted General Plan.

In a letter to the city, the attorneys for the property owners said they will try to block the plan because it does not comply with the California Environmental Quality Act, City Atty. Terry Dixon said.

The landowners, including Las Vegas casino owner Jack B. Binion, have submitted plans to build 32 homes on their property, one of four major projects identified as pending in the General Plan.

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City officials say the legal threat could be an attempt to hold the General Plan hostage until the city approves the development plan for the property. An attorney for Binion, William C. Holzwarth, would not comment on the possible lawsuit Tuesday.

The plan, 14 months in the making, was unanimously approved by the City Council earlier this month after more than 60 public meetings.

City officials say Binion’s attorneys balked repeatedly during the hearings because the plan did not allow for more than 32 homes if the proposed development is redesigned.

On Tuesday, officials reacted to the threat of a lawsuit with a combination of confusion and anger.

“I can’t figure out for the life of me what they’re trying to accomplish by this lawsuit,” Dixon said.

Councilman Paul Christiansen called the legal threat “a direct attack on the General Plan.”

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“I find it ironic that an out-of-state developer would be the only party to date to complain about this extensive and well-balanced document,” he added. “From my council perspective, Laguna Niguel is not going to be held hostage by some out-of-state group in respect to its development issues.”

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