LAGUNA BEACH : Water District’s City Sewer Suit Dismissed

In a victory for Laguna Beach, a judge has dismissed a lawsuit by a water district that wants to use city pipes to provide sewer service to an ocean-bluff parcel.

At issue is a 10-acre parcel known as Smithcliffs, located next to the city, just south of the Emerald Bay community. Owner Gary Brinderson plans to build 26 homes there.

Laguna Beach officials have fought for some control over how the land will be developed, saying that construction should not proceed unless the property is annexed by the city, which has the only sewer lines to the area.

Brinderson rejected that option and, in a move that vexed city officials, allowed the Irvine Ranch Water District to annex the land so it could provide the service.

Since the city refused to grant the water district the use of its lines, the district tried to use eminent domain to condemn and gain access to the city pipes.

After two full days of testimony, Orange County Superior Court Judge James Gray dismissed the water district’s lawsuit on Thursday and urged both sides back to the negotiating table, City Atty. Philip Kohn said.

While two other lawsuits addressing similar issues are still unsettled, city officials say they are eager to reopen discussions with the water district and the developer.

“We hope this court decision will bring the parties back together and prompt the property owner to resume settlement discussions,” City Manager Kenneth C. Frank said.

“We’d like to resolve it with a settlement and wrap things up to the extent that we can.”

What the city ultimately wants, Kohn said, is for the developer to make changes in the project that would make it “more compatible with the city’s development regulations and reduce any conflict between the project and adjacent neighborhoods.”

Ronald Young, Irvine Ranch Water District’s general manager, said Friday that he was disappointed in the judge’s decision but is willing to return to the bargaining table.

“We’re very open to whatever sort of a solution can be worked out,” he said.

Brinderson could not be reached for comment.