CYPRESS : Judge Reverses Stance, Rejects Suit Against Proposed Warehouse

In a surprise ruling, an Orange County Superior Court judge has reversed his earlier, tentative decision and rejected a citizens’ lawsuit against a controversial proposed warehouse in the Valley View Street area.

The suit sought to halt construction of the warehouse until the city made an environmental impact report.

Judge Francisco F. Firmat’s final decision, made public Tuesday, cheered the Cypress City Council, three members of which are threatened with recall over the warehouse issue. But residents who filed the suit and who claimed the warehouse would ruin their neighborhood were stunned.

“A lot of us are just shocked and devastated by the news,” said Kay Pepper, a resident involved in the lawsuit.

But city officials were jubilant.

“It’s wonderful news; it couldn’t be better,” said Mayor Cecilia L. Age. “The decision vindicates the City Council. I’ve always been sure we acted truly in the best interests of the city.”

City Atty. John E. Cavanaugh said, “The decision by the court validates the whole planning process which the city has followed. . . .”

At issue was the City Council’s vote Sept. 26 to allow construction of a 439,650-square-foot carpet distribution warehouse at Warland Drive and Valley View Street. More than 100 angry residents attended that meeting, urging the council to vote down the project. Residents said vehicles going to and from the warehouse would generate noise and traffic pollution.

Attorneys for the city and for the developer, Warland Industries, argued last week before Judge Firmat that none of the residents specifically mentioned the words “environmental impact report” in their protests Sept. 26. Since residents did not demand such a report on Sept. 26, they could not legally sue the city for it, the attorneys argued.

Firmat agreed with that argument in his final ruling. But in his tentative decision last week the judge said residents on Sept. 26 had clearly indicated their environmental concern, even if they never specifically mentioned “environmental impact report.” Firmat, in court on May 17, said, “I don’t believe we have to have lawyers at every City Council meeting.”

Firmat’s final ruling did agree with residents’ claims that the proposed warehouse might “have a significant environmental impact.” But the judge in effect said he could not demand the city to make an environmental impact report because residents had failed to ask for one at the public hearing Sept. 26.

Daniel R. Wildish, an attorney for the residents suing the city, said Tuesday that Firmat’s decision will be appealed.