Binion Lawyer Says Project Ruling Is a Minor Setback

A representative of a controversial hilltop development that was halted last week by a Superior Court judge vowed Monday to proceed with the project and called the legal setback a minor problem.

John Flynn, the attorney for developer and Las Vegas casino owner Jack Binion, downplayed Judge William F. McDonald’s order that portions of plans for a 22-home tract must be redone and submitted to him by Aug. 23.

“It’s pretty clear that the judge felt the problems he identified could be pretty easily cured,” Flynn said.

However, a lawyer for the South Laguna Civic Assn., which filed suit to stop the project, said the developer will now have to go through a lengthy and complicated governmental process before the project can move forward.

“This is not a simple procedural matter,” said attorney Barbara Lichman of Irvine. “This is a substantive decision on the design of the project.”

The association, whose members live below the Binion site, has fought the project for more than five years, contending it would cause flooding, landslides and other problems.

After Laguna Niguel officials approved the development last year, the association filed a lawsuit against the city and developer seeking to block the housing tract.

McDonald upheld the association’s contention that the development can be seen from Coast Highway, a violation of state regulations. The judge ordered Binion to get an amendment of a coastal plan from the California Coastal Commission.

In a verbal ruling, McDonald also instructed Binion to show why a smaller, 12-unit project wouldn’t be profitable.

Flynn said the commission set a precedent several years ago by approving the Monarch Pointe community, a much larger development than Binion’s proposal and which is visible from the highway.

But Lichman said the coastal plan is also part of Laguna Niguel’s general plan and must be changed by the city before even reaching the Coastal Commission.

Staff writer Len Hall contributed to this story.