Irvine Water Park Again Asks Court Protection From Landlord

An attorney for the Wild Rivers water park portrayed a Los Angeles businessman as the “Big Bad Wolf” in Orange County Superior Court on Tuesday for threatening to demolish the Irvine facility as part of an ongoing dispute with the Irvine Co.

“He’s threatening to huff and puff and blow this little water park down,” attorney Kathleen McDowell said.

“It’s an ambush. It’s a shakedown,” she said.

Wild Rivers was in court Tuesday to fend off an attempt by its landlord, Harry Shuster, to obtain demolition permits to tear down the $8-million water park, which occupies part of a 300-acre parcel Shuster controls through a master lease from the Irvine Co.

That 29-year agreement allows Shuster to remove any improvements to the parcel when his lease expires Feb. 28. Shuster has threatened to raze the water park and portions of the neighboring 15,000-seat Irvine Meadows Amphitheater unless the Irvine Co. compensates him for bringing two profitable tenants to the property.

Although Shuster has said he would rather make a deal than fire up the bulldozers, Tuesday the owner of the water park asked Superior Court Judge Michael Brenner for an injunction to prevent Shuster from making good on his threats.

Tuesday proceedings took longer than expected, so Brenner isn’t expected to make a decision until Thursday. However, in December the judge denied a similar request by Irvine Meadows, which also had sought an injunction.

That decision cleared the way for Shuster to obtain demolition permits from the city of Irvine to tear out the amphitheater’s seats and demolish its stage buildings, concession stands, ticket facilities and other buildings.

That case has since been transferred to another judge, and another injunction hearing is set for Feb. 19.

Shuster’s attorney, Wayne Call, on Tuesday accused the Irvine Co. of stonewalling and refusing to negotiate in the hopes of snatching two profitable tenants from Shuster without compensating him. The Irvine Co. will step in as landlord upon Shuster’s exit and already has negotiated lease extensions with Irvine Meadows and Wild Rivers.

“The ‘Big Bad Wolf’ is the Irvine Co. . . . It’s their greed in wanting to get something from [Shuster] and from this court without paying one dollar for it that is wrong,” Call said.

Bad blood has existed between Shuster and the Irvine Co. for a good portion of their 29-year relationship.

Shuster, chairman of United Leisure Corp. and founder of the now-defunct Lion County Safari animal park formerly located on the 300-acre parcel, has attempted for years to bring new development to his leasehold after the safari park closed in 1984.

The Irvine Co. rejected many of those plans, compelling Shuster’s company to sue its landlord in 1987 for allegedly interfering with its business.

In 1993, a jury awarded United Leisure $42 million in damages. But in April 1994, a judge ordered a new trial. United Leisure appealed the decision, which is still pending.