Lawyer Figures Legal Costs if SOAR Passes

A one-paragraph opinion by the city attorney contends Moorpark could face up to $500,000 in legal expenses if the SOAR growth-control initiative passes.

But the opinion offers no explanation of how Cheryl Kane reached that conclusion. Neither she nor City Manager Steve Kueny could be reached Wednesday.

While lacking detail, Kane’s report is the first to attach an approximate dollar figure to the litigation that opponents expect if the Save Open Space and Agricultural Resources initiative passes.

“Now the numbers are there for people to look at,” said City Councilman John Wozniak, a SOAR opponent.

One likely litigant is Messenger Investment Co., developers of the proposed Hidden Creek Ranch project. Messenger official Gary Austin has said the company would sue if the initiative affects the development, which has been in the planning stages for years.

But Roseann Mikos, who co-wrote SOAR, said the City Council could have minimized the potential for litigation by delaying its own vote to approve Hidden Creek Ranch until SOAR had been decided at the ballot.

“It’s disingenuous for them to blame us for a lawsuit, if there even is a lawsuit,” she said.

SOAR, which will be placed on a special ballot in January along with a referendum to stop the Hidden Creek Ranch project, would force public votes on developments proposed after Jan. 1, 1998. It also would force the city to keep its current boundaries, outlawing any annexation plans without a public vote.