Judges Rules Against Binion Housing Plan

A judge has ruled that the controversial Binion housing development violates environmental and coastal view laws, a decision foes of the project hailed Saturday as a major victory.

Orange County Superior Court Judge William F. McDonald ruled that the 22-home Laguna Niguel project proposed by Las Vegas casino owner Jack Binion is not set within proper boundaries, which violates the city’s coastal plan. McDonald also said the development plans can be seen from Pacific Coast Highway, a violation of state regulations because it would mar the view along the scenic road.

In August, the judge ordered the developers to rework the housing plans to fall in line with local and state coastal guidelines. After viewing the revised draft, McDonald ruled Friday that the revised plans were unsatisfactory.

“This seems like a ‘fix-it’ ticket, but it actually means a major overhaul on this project,” said Mike Beanan of the South Laguna Civic Assn., which filed suit to stop the development. “This basically puts the developer back to square one again.”

The association, whose members’ homes lie beneath the hilltop development, has fought the project for six years and contend that it would cause flooding, landslides and other problems.

The Binion Estates project is planned for a bluff near the Monarch Point gated community.

John Flynn, Binion’s attorney in Irvine, said his client and the city still strongly believe that the proposal fully complies with the local coastal plan.

He said they may continue to pursue the project by appealing the court decision or gain the state Coastal Commission’s approval on an amended version of the local coastal plan.

In August, the Laguna Niguel City Council passed an amended coastal plan to accommodate the housing project. But Flynn said an application for the state Coastal Commission has not been submitted.

“We’re going to consider all of our options, but we have not made a decision yet,” he said.

He added that the judge did decide in the developer’s favor Friday by declaring that the project passed health codes under the California Environmental Quality Act.