Judge Calls for Compromise Plan in UCI Land Sale Dispute

Urging compromise in UC Irvine’s disputed sale of sensitive land for use by the San Joaquin Hills tollway, an Orange County Superior Court judge asked attorneys Wednesday to fashion a plan that would satisfy environmental concerns.

Judge James L. Smith said any acceptable proposal, however, must include an option that could invalidate the $10.5-million sale of 25 acres by the university.

Attorneys for both sides are expected to meet Monday in an attempt to reach a settlement.

The case centers primarily on 1.7 acres of the total property sale that are part of a UCI ecological reserve. It is located along Newport Coast Drive, south of existing campus structures.

“I’m crying out for assistance in this matter,” Smith told attorneys representing the university, the tollway and environmentalists. “I need some help here. I don’t need any more advocacy.”

Earlier this month, Smith ruled that the university had violated state law by failing to prepare an environmental impact report that would address the 1.7 acres included in the sale.

The ruling extended a prohibition on tollway construction near the campus, but construction has continued elsewhere.

The $1.1-billion toll road would connect the Corona del Mar Freeway near John Wayne Airport with Interstate 5 near San Juan Capistrano.

The judge was expected to issue an order Wednesday that would satisfy the legal concerns, but he said the plans submitted by opposing attorneys offered no compromise.

On one side, environmentalists argued that the university should have to begin work on a new report that would analyze the impact of including the 1.7 acres in the sale.

The university and tollway attorneys, meanwhile, said those environmental concerns could be satisfied by simply adding an addendum to an existing report that reviews all other property included in the sale.

“Both of you are polarized right now,” Smith said. “What I need are some solutions to some problems.”

Following the brief hearing, attorneys said they would begin seeking a compromise.

“The judge is plainly trying to split the difference,” said attorney Susan L. Durbin, representing environmental interests. “I’m encouraged by what the judge said.”

UCI attorney Diane Geocaris called the judge’s advice “a fair way to try to resolve it.”

If an agreement cannot be worked out, Smith has scheduled a hearing Wednesday to issue his own order.