2 Cities Lose Ruling on Land Near Airfields

A legal challenge by the cities of Lake Forest and Irvine to force a state panel to ease development restrictions around the closed El Toro and Tustin Marine bases was denied this week by a Los Angeles Superior Court judge.

Judge Chris R. Conway upheld the authority of the Airport Land Use Commission to continue barring the construction of homes and limiting other building near the former bases, which closed in July 1999.

Conway said the commission has broad discretion to make decisions about what can be built around airports and that the restrictions should remain around the bases at least until the Navy hands over the land. Until that happens, a national emergency could trigger their reuse, he said.

“The administrative record clearly reflects that the County of Orange intends, or would like to intend, that at least with regard to El Toro, it would be used for the taking off and landing of aircraft,” Conway wrote.

The judge also noted that the cities can override building restrictions imposed by the commission within their own city limits. But doing so means the cities bear full liability if a future crash should occur or noise exceeds state levels, said attorney Edmond M. Connor, representing the commissioners.

The cities are expected to appeal the ruling. They argued, in the case of El Toro, that barring development within about 14,000 acres around the base was unfair and arbitrary because the base had been closed.

“I guess the chess game moves on,” Connor said.