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Protest Rekindles Over Barham Ranch Lawsuit

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SPECIAL TO THE TIMES

About 70 Villa Park and Orange residents for the third time urged Serrano Water District to drop its lawsuit against Orange Unified School District, which wants to preserve Barham Ranch and possibly build an elementary school.

The water district is suing the school district to force the sale of the 526-acre Barham Ranch site, which they co-own, to developer SunCal Cos. to build tract homes. Residents attended Wednesday night’s water board meeting to protest the suit.

The residents, through their Orange Park Acres Assn., also have sued the water district, and they gained support last week from California Atty. Gen. Bill Lockyer, who filed a friend-of-the-court brief on their behalf.

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The state’s legal papers asserted that the water district should not pursue the lawsuit because the district violated the California Environmental Quality Act by failing to conduct an environmental review.

At the water board’s meeting, residents were vocal in their opposition to the sale of Barham Ranch, hilly land surrounded by parkland at the edge of Orange and Villa Park.

“The people in this area, they are outraged,” Theresa Sears of Orange told water board members. “It’s people all over this county that are learning about this. It’s not just a couple of crazy horse riders.”

Villa Park resident Colette Walters, a jogger who has made the hills of Barham Ranch a favorite path for the last 20 years, said she will continue to fight for open space.

“I know deep down many of you feel it is the wrong thing to do,” Walters said about development plans. “I’m here to ask you to please rethink this. It’s not too late.”

Joel Kuperberg, attorney for the water district, said he questions the attorney general’s intervention in the homeowners’ lawsuit because the state agency usually does not get involved at the trial court level.

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“We are suspicious of whether the pleadings that were filed on behalf of the attorney general were properly authorized by him or whether this was just done without authorization by some subordinate,” he said.

Sandra Michioku, a spokeswoman for the attorney general, said Lockyer is well aware of the report.

“Atty. Gen. Lockyer said he is very committed to environmental protection,” Michioku said. “This is another case in which he is saying there should be compliance in the California Environmental Quality Act.”

In the case between the school district and the water board, a mandatory settlement conference at Orange County Superior Court is scheduled for Monday night. If the parties can’t reach an agreement, they will head for trial Nov. 1.

Trial in the residents’ lawsuit against the water board is scheduled for Oct. 28 in Superior Court.

Marissa Espino can be reached at (714) 965-7172, Ext. 15.

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