County Must Pay Airport Foes’ Fees, Judge Says

A San Diego judge ruled Friday that Orange County taxpayers must pay $410,756 in attorney fees to El Toro airport opponents who successfully challenged the adequacy of the county’s environmental impact report for the project.

Superior Court Judge Judith McConnell said the opponents were entitled to have their legal fees paid by the county because she ruled in their favor on several key issues. The rulings have forced the county to rewrite the report to better assess how the proposed airport would effect the surrounding community.

McConnell awarded $247,440 to the El Toro Reuse Planning Authority (ETRPA), which is made up of seven South County cities, and $163,316 to Taxpayers for Responsible Planning, another anti-airport group.

“We’re delighted that the judge chose to award repayment of every single dollar that taxpayers spent against the county in this issue,” said Bill Kogerman, head of Taxpayers for Responsible Planning.

“It’s obviously good news,” added Paul Eckles, executive director of the ETRPA. “You always wish you didn’t have a situation where one agency was suing another. It’s not a desirable thing. On the other hand, somebody’s got to take steps to right a wrong.”

County officials said Friday that they have not decided whether to appeal the ruling. But they pointed out that El Toro opponents failed to convince McConnell to halt all planning of the airport.

“The main goal of this litigation was to stop the planning process, and they have failed to do this,” said Ellen Cox Call, a county spokeswoman. “The planning process is moving forward right on schedule.” Supervisor Todd Spitzer, a vocal airport opponent, said McConnell’s decision to have the county cover all lawyer bills is “a continuation of the taxpayers’ nightmare.” He said the county should not appeal the decision.

“Absolutely not. All it does is add thousands of dollars more in legal fees,” Spitzer said.

The lawsuit is not over. The El Toro foes are appealing McConnell’s October 1997 decision that found the report understated the project’s impact on surrounding communities. They want her to issue an injunction to stop further planning for the airport until flaws in the environmental impact report are corrected.

The county’s attorneys downplayed the significance of the decision last year and in recent months have submitted a revised plan for the airport that eliminates much of the commercial development surrounding it.

The 4,700-acre base is scheduled to close next year. The Board of Supervisors will take a final vote on whether to build an airport there in fall 1999.