County Ordered to Cover $450,000 in Legal Fees for 2 Anti-Airport Groups

A state appellate court has ordered Orange County to cover attorney fees totaling about $450,000 for two anti-airport groups that successfully challenged portions of a 1996 environmental review of plans to build an airfield at the now-closed El Toro base.

The El Toro Reuse Planning Authority, a coalition of eight South County cities opposing an airport, will get $247,440 plus 10% interest for its attorney fees. Taxpayers for Responsible Planning, a private South County-based group, will get $163,316, also with 10% interest.

Bill Kogerman, chairman of the second group, said Monday that the reimbursement is more good news on top of the election day passage of Measure F, which will restrict the county’s ability to build an airport at the former El Toro Marine Corps Air Station.

“Going from our March 7 victory to this, it’s been a pretty good month,” he said.

The court ruling came Thursday, when Presiding Judge Daniel Kraemer, writing for the 4th District Court of Appeal in San Diego, found that the challenges involved “issues of substantial importance to a broad segment of the public.”

County officials had argued that the two groups shouldn’t be repaid attorney fees because they had prevailed only on minor technical points.

Those legal successes stemmed from rulings by San Diego County Superior Court Judge Judith D. McConnell. Last month, she rejected the county’s new air-quality findings and ordered a second revision. She had also ordered county officials in 1998 to revise their analysis of how the airport would affect traffic and air quality. The county appealed.

In other legal matters relating to the airport, an Orange County judge has agreed that a lawsuit challenging the validity of Measure F should be heard by an out-of-county judge.

The lawsuit was filed by two pro-airport groups contending that the measure is illegal. The county is now in the unusual position of defending the measure, despite the fact that a majority of county supervisors opposed the measure and favored an airport at El Toro.

San Francisco attorney Richard Jacobs, representing the anti-airport cities, and pro-airport attorney Brad Hertz said Monday that both sides probably will agree to let Jacobs help defend the measure, along with Joe Remcho, representing Citizens for Safe and Healthy Communities.

Airport opponents say the reimbursements will help pay for the new legal fight to uphold Measure F. County officials couldn’t say Monday when the reimbursements will be made.

Contrary to earlier information provided by the Orange County Registrar of Voters office, Measure F will become law April 7, or 10 days after the election results are expected to be approved March 28 by county supervisors.

Measure F restricts airport planning. It also stalls it by requiring the approval of two-thirds of countywide voters before the county can build airports, large jails near homes or hazardous-waste landfills.