Power-Line Damage Arguments Heard

The California Supreme Court heard oral arguments Thursday on a San Clemente couple’s claim that their property values were diminished and their family’s health endangered because of high-voltage power lines near their bluff-side home.

The justices, who met in Los Angeles, are expected to issue a ruling within 90 days that should settle the dispute between Martin and Jean Covalt and San Diego Gas & Electric Co., the utility that owns the network of power lines behind their $1.5-million home.

The Covalts, who have left the house but continue to live in South County, allege that EMFs, or electromagnetic fields, generated by the tangle of power lines worsened the condition of one of their children, whom they describe as autistic.

The Covalts built the white, palatial home in Mariner’s Point in 1989 but moved out in early 1994, letting the lender foreclose.

In March 1995, a state appellate court sided with SDG&E; and dismissed the Covalt suit, saying that questions of power-line safety were more appropriately the responsibility of the state’s Public Utilities Commission, which can fine a utility but can’t award damages to homeowners.

But in a rare occurrence, the state Supreme Court agreed to hear the matter and decide once and for all whether the Covalts have a claim--and whether the court should award damages. Lawyers for both sides say the high court lets an appellate court ruling stand about 95% of the time.

Fred Schenk, the San Diego lawyer representing the Covalts, said a final ruling could stamp the matter as a landmark case and open the door to other homeowners who themselves feel victimized by the EMFs generated by high-voltage power lines.

But attorneys for SDG&E;, which has been successful in defending such suits, say a California Supreme Court decision may mark a turning point, ending what they call a stream of “nebulous” suits filed by homeowners seeking money from utility companies.