Foes Fail to Block Project on Dana Point Headlands

Environmentalists’ request for an injunction to stop a development on the Dana Point Headlands was rejected Wednesday by an Orange County judge, likely signaling an end to a long battle over one of Southern California’s last open promontories.

The Surfrider Foundation and the Sierra Club filed suit in February challenging state approval for 118 homes, commercial space and a hotel. The groups argued that the project would destroy 11 acres of sensitive habitat and that the developer’s plan to replace a crumbling sea wall with one the length of seven football fields should be considered new construction, which would have barred simple approval.

The California Coastal Commission approved the project in January 2004, ruling that the new sea wall -- although longer than the old one -- could be considered a repair job and therefore legal without further review, under the state Coastal Act.

But after one day of argument and deliberation, Superior Court Judge Michael Brenner denied the groups’ request for a preliminary injunction to stop construction. Land grading has already begun.

“This was our do-or-die day,” said Matt McClain, a spokesman for the Surfrider Foundation. “At this juncture, we just need to regroup and see if it makes sense to keep pursuing this, or should we look at other battles. Maybe it’s time just hold this up as an example to inspire people and take interest in future campaigns.”

George Soneff, an attorney representing developer Headlands Reserve LLC, praised the judge’s decision.

“We’re pleased because it’s a project that benefits everyone concerned,” Soneff said. “The landowner has paid a lot of attention to providing public use here, and that’s the crux of the Coastal Act.”

The project will include five parks, a public beach, more than three miles of trails and a 40-bed youth hostel.

“The whole aim of the suit was to stop the project and to try to exact some sort of settlement,” Soneff said. “It was just unfounded.”