Housing Development Foes Sue Laguna Niguel : Real estate: Laguna Beach backs action against its neighbor over plans to build on bordering hilltop.
In a legal battle this city is helping to finance, a local civic group has filed a lawsuit against Laguna Niguel and Las Vegas casino owner Jack Binion, challenging approvals for a housing development on a ridgeline that separates the two communities.
Residents who live at the south end of Laguna Beach beneath the Laguna Niguel hilltop where 22 homes are to be built say the development would cause mudslides and flooding in their community, according to the lawsuit filed Thursday in Orange County Superior Court.
“On our part, it’s sort of an action of last resort,” said Michael Beanan, vice president of the South Laguna Civic Assn., which filed the lawsuit.
The long-threatened lawsuit was just the latest strike in a five-year battle over development of the hilltop. After developer Binion reduced by 10 the number of luxury homes to be built, the Laguna Niguel City Council finally approved his project last month.
In a special meeting called in response to that vote, the Laguna Beach City Council unanimously agreed to help finance the group’s lawsuit. The council also agreed to appeal Laguna Niguel’s approval of the coastal development permit and, if that fails, to consider its own legal filing against the neighboring community.
Project manager Philip Bettencourt said Thursday that Binion’s attorneys will “mount a ferocious defense” of the development.
“The city spent five years evaluating the property, conducted 17 public hearings and prepared two comprehensive environmental impact reports,” Bettencourt said, reading from a prepared statement.
Laguna Niguel City Manager Tim Casey said he was not surprised by the legal action but said Binion is responsible for the city’s cost of defending the lawsuit.
The lawsuit attacks the proposed development on a variety of fronts, including challenging the adequacy of the environmental impact reports and alleging that project approvals violate various state and local environmental and zoning laws.
Residents are particularly concerned about the detrimental impact the development will have on the stability of the hillside and about the removal of “extremely sensitive” plant life at the site, known as Southern Maritime Chaparral, said Barbara Lichman, the association’s attorney.
Chaparral is found only on coast hills in San Diego and south Orange County, Lichman said.
“We would prefer a redesign of the project that could satisfy everybody’s needs,” she said. “And we believe that such an alternative exists and is practical, feasible and profitable.”
Bettencourt declined to comment on specific charges in the lawsuit, but said, “All planned homes are in accordance with the city’s General Plan and certified local coastal plan.”
The city of Laguna Beach has agreed to donate $3 for every dollar raised by the association for the lawsuit.
While some community groups have rallied to the aid of the south Laguna Beach residents who are raising money for the legal fund, the Laguna Beach Taxpayers Assn. opposes the city’s involvement, saying it is a waste of time and money.
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Housing Debate
A lawsuit was filed against the owner of a Las Vegas casino and the city of Laguna Niguel by residents who live beneath ridge-top land where 22 homes are scheduled to be built. Opponents say construction will cause mudslides and flooding. The long-threatened lawsuit was the latest strike in a five-year battle over development of the hilltop.
Oct. 13, 1990: Las Vegas casino proprietor Jack B. Binion, who owns a tract of land between Laguna Niguel and South Laguna, decides to build despite an anti-growth initiative.
Dec. 2, 1992: Laguna Niguel building commission rejects Binion’s general plans.
Oct. 7, 1993: Binion renews plans to build hilltop homes.
April 25, 1995: City planners from Laguna Niguel consider scaled-down housing tract.
Sept. 29: Laguna Niguel OKs hilltop housing plans.
Oct. 20: South Laguna group files lawsuit against Laguna Niguel and Binion challenging approvals of the development.
Source: Times reports
