Homeowners Must Pay for Noise Lawsuit

An Orange County judge ordered two Cosa Mesa homeowners Tuesday to pay $45,872 in attorney fees to the Orange County Fair in their failed attempt to maintain noise limits at the fair’s Pacific Amphitheatre.

Laurie Lusk and Jeanne Brown intervened in a 1995 fraud lawsuit that the fair filed against the outdoor theater’s former owner, the Nederlander Organization, for allegedly failing to disclose material information in selling the amphitheater to the fair.

Superior Court Judge Robert E. Thomas found that the noise restrictions made the amphitheater unusable as a concert arena.

“The neighbors tried to bring issues into this lawsuit that did not pertain,” said Becky Bailey-Findley, general manager of the Orange County Fair.

The women’s attorney, Richard Spix of Newport Beach, said fair officials are trying to make an example of his clients. “It’s really designed to make Laurie and Jeanne dismiss their appeal in exchange for a cost waiver,” he said.

Lusk and Brown were previously ordered to pay $5,800 in court costs. They are appealing both payment orders.