Buck Wargo
CITY HALL -- More than seven years and $1.2 million later, a Los
Angeles Superior Court judge has sided with Glendale and dismissed a
lawsuit of a developer who is trying to build a hillside development near
College View School.The decision handed down by Judge Henry Shatford
would result in Rancho San Rafael Estates, a Washington partnership also
known as Polygon, having to file subdivision plans under a more
restrictive hillside ordinance adopted by the city in 1993.In November 1997, the Glendale City Council unanimously rejected the 35-home project
referred to as Polygon II on a 29-acre lot north of Mountain Street,
adjacent to the Glendale (2) Freeway. The subdivision was opposed by
residents of the Glenmore Canyon Homeowners Assn.In 1992, the developer
sought to build 61 homes on and around the ridgeline above Verdugo Road,
but the council later rejected a 40-home plan on the grounds it
created traffic and visual problems, was too dense, and negatively
affected children at the school for the disabled. Some of the children
have respiratory problems.The developer sued the city in May 1993 over
the rejection, and a trial court judge denied the companys petition to
compel the city to overrule its decision. The city and developer agreed
to a settlement that allowed Polygon to process a new application under
the pre-1993 hillside ordinances that are less restrictive.It doesnt mean
the case is over, but it is a very significant event after eight years of
litigation, Glendale City Attorney Scott Howard said. We believed the law
favored us in the beginning, and now the court agrees. We hope Polygon
takes the message and looks at development plans consistent with the
current hillside standards and is environmentally sensitive.Glendale has
spent $1.2 million for experts and fees of its Los Angeles
land-use and environmental law firm, Fox and Sohagi. Motions in the case
were appealed to the state Court of Appeal and state Supreme Court, where
the city prevailed, Howard said.Shatford awarded costs to the city in the
lawsuit, but Howard estimated those expenses may be in five figures. That
would include filing fees, depositions and other costs other than
attorneys fees, which run about $850,000, he said.Polygon attorney Marc
Hines said the company is considering appealing or asking the judge to
reconsider his decision. He also said the company may file new
development plans.The city had strung along the developer for years
without any intention of approving subdivision plans, Hines said.The only
people who have benefited from this are the plaintiffs counsel and all of
the experts and attorneys involved, Hines said. The taxpayers were
spending a lot of money. What a waste all around.
