High Court Refusal Kills Subdivision Suit

A $661-million lawsuit against developers of the Dos Vientos subdivision challenging the safety of Borchard Road won’t be heard by the California Supreme Court, attorneys in the case said this week.

The Supreme Court’s refusal to hear the case means it is finally dead, said Steve Weston, who represents developer Miller Bros. Investments. Miller Bros. and Operating Engineers Trust--another Dos Vientos developer--will seek an order requiring the plaintiffs, Laura Lee Custodio and the nonprofit environmental group Save Open Space, to repay their costs in defending the lawsuit. That will be at least $200,000, attorneys for both developers said.

Councilman and local trial lawyer Ed Masry represented the plaintiffs for free. He said if attorney fees are awarded, he will donate the entire amount to SOS.

“I don’t want them hurt by this,” he said.

Custodio, a Granada Hills middle school teacher and Thousand Oaks resident, said she is grateful for everything Masry has done in pursuing the lawsuit, which was filed more than a year ago. The suit alleged that developers lied to the city about the safety of the Newbury Park project, particularly about a 100-foot section of Borchard Road that was built at a 12% grade.

The city’s standard allowable slope is 5%, but the public works director can approve deviations in certain circumstances, city officials said.

Custodio said she is sorry the safety issue will not go to trial.

“It’s a sad day for the citizens of Thousand Oaks,” she said.

Mark Allen, attorney for Operating Engineers Trust, said the developers were never worried about losing the lawsuit.

“It’s just a shame that it’s taken up so much time, effort and money on what was basically not a meritorious lawsuit to begin with,” Allen said.