City defeats lawsuit that blocked homes

Los Angeles Superior Court Judge David Yaffe has ruled in favor of the city of Calabasas in a 2006 lawsuit filed by Calabasas Highlands resident Marion Smith seeking to prevent the construction of two homes adjacent to her property.

Smith alleged the city had acted recklessly and in violation of the California Environmental Quality Act (CEQA) in the granting of a conditional use permit for the construction of the two homes. The city disagreed and said the owners of the property went through six public hearings and completed biology, hydrology and geotechnical studies of the site before obtaining their approvals.

The court also rejected the plaintiff's claim that the project would cause damage to a "native" streambed. Yaffe agreed with the city that the water was actually an open drainage channel to which the plaintiff's property was illegally connected. The California Department of Fish and Game said improvements to the drainage channel planned by the homebuilders would improve erosion control and enhance water quality.

"This lawsuit . . . was about protecting private interests, not good environmental planning as the CEQA law envisions," said Barry Groveman, Calabasas City Council member.

In response to the plaintiff's allegations that landslides existed below the properties, a comprehensive study of geotechnical data from every home built in the Highlands since city inception was conducted by a geotechnical consultant. The city concluded that there was no evidence pointing to a large landslide plane below the community and that the two homes could be constructed safely and without harm to the community.