Attorney Joins Fight Against Road Development

A high-powered attorney joined the fight against an embattled Newbury Park road project Tuesday, calling the current plan a threat to the city and its residents.

“I don’t know if we can stop it or not, but we are going to give it one hell of a try,” said Edward L. Masry, a Westlake Village attorney known for his handling of high-profile cases. “And we are pretty damn good at what we do.”

Masry said he would donate the resources of his 11-attorney office, Masry and Vititoe Associates, to help residents intervene in the evolving legal skirmish between the city and developer Operating Engineers Pension Trust over the extension of Borchard Road, one of two main roads leading into the massive Dos Vientos Ranch housing development.

On Aug. 7, the developer demanded in court that the city lift a work ban that it imposed last month. If the legal action succeeds, Operating Engineers could build the road with a 12% grade, far steeper than the Ventura Freeway’s Conejo Grade and well above the city standard of 5%.

According to a city-mandated study, the current road plan would result in a higher accident rate than a road built to the city standard. City Council members cited the report’s findings when they voted to stop work on the road--which they had approved two years earlier--and area residents have long opposed the plan.

Masry, a Thousand Oaks resident who usually deals in entertainment or toxic tort law, acknowledged that getting involved in the Newbury Park legal fight would be a challenge. Specialists on his staff are still reviewing the options, he said.

“This is not an easy legal case,” Masry said. “Sometime next week we will either move to intervene with the current lawsuit or we will file a brand new suit.”

Mayor Mike Markey said he welcomed Masry joining the fight. “I don’t know what he’s planning on doing, but any assistance on supporting our position would be great,” Markey said. “We would welcome that kind of assistance from anyone.”

Opponents of the Borchard Road extension also applauded Masry’s involvement.

“We’re jumping for joy,” said Jim Nelson, chairman of Casas de la Senda homeowners association. “We’ve been struggling on our own trying to build something all this time, and now we have someone with the legal expertise to make something happen.”

Nelson said road opponents wanted to get involved in the developer’s suit to support a City Council that otherwise might be inclined to compromise on the road.

In 1997, Masry’s law firm was one of three that extracted a $333-million settlement from utility giant Pacific Gas & Electric Co. over the alleged long-term poisoning of a small town’s water supply.

The firm also has filed two suits against Rocketdyne’s Santa Susana Field Laboratory in Simi Valley over alleged contamination of the surrounding area.

While Masry said he generally does not handle cases in Ventura County, he is no stranger to politics in the region.

Last year, he waded in on the bruising recall election of slow-growth Councilwoman Elois Zeanah, giving $50,000 to a woman whose name he could not pronounce.

Borchard Road is poised to become a major issue in this year’s city elections, with several slow-growth candidates--including those backed by the retiring councilwoman--using the situation as an example of the council’s willingness to give in to developers.

But Masry insisted that his involvement in the Borchard Road tussle is unrelated to local politics.

“I don’t care about council politics. That will work itself out,” he said. “It’s for the safety and well-being of the people, and I feel very strongly about it.”

Assistant City Atty. Jim Friedl was unavailable for comment and lawyers representing Operating Engineers declined to comment on Masry’s plan to get involved in the issue.