Court Overrules Council, OKs Condo Development

Local developers are praising a Los Angeles Superior Court decision approving the subdivision of a seven-acre property into 38 condominiums.

“This could be precedent setting. It’s the first time a court has ordered a property subdivision” here, said attorney Alan Block, who represents the developer of the Lunita Pacific project.

The project, at Pacific Coast Highway and Trancas Canyon Road, has been hotly disputed for more than six years. The City Council rejected the proposal because of fears that sewage treated through the development’s proposed natural filtering system would make its way into the ocean, said City Atty. Christi Hogin.

The court ruled that the council’s fears did not constitute a significant health and safety issue. The court also is expected to rule later on whether the city will have to pay the developer carrying costs on the stalled project.

Hogin said the battle has not been “about whether Malibu is anti-growth, but how conscientious City Council is in preserving the environment.” She said the city has not yet decided on how to respond to the court ruling.