Sides await ruling on Newport group’s motion to dismiss OCMA lawsuit

An Orange County Superior Court judge heard arguments Monday about whether he should dismiss a lawsuit brought by the Orange County Museum of Art seeking to invalidate a petition by opponents of a condominium tower proposed for the museum’s Newport Beach site.

Judge Geoffrey Glass will determine whether OCMA filed what is known as a SLAPP suit when it challenged the validity of the petition circulated by activist group Line in the Sand, which opposed the Museum House luxury condo project.

SLAPP, which stands for “strategic lawsuit against public participation,” is a type of suit intended to burden opponents until they drop their dissent. California is one of 28 states that have anti-SLAPP laws.

Glass is expected to issue his ruling this week.

Line in the Sand attorney Beverly Palmer maintained Monday that the museum was trying to stifle the group’s free speech. Line in the Sand filed a motion last month seeking dismissal of the suit.

OCMA attorney Darryl Wold argued that not only did the petition’s small type not comply with state elections law but Line in the Sand, which is a political action committee, was not qualified to file the dismissal motion because it is not an individual.

OCMA filed its suit in January, claiming that Line in the Sand’s petition should be voided because it didn’t contain all necessary documents and its font size was “virtually unreadable.”

Developer Related California was set to redevelop the art museum’s site in Newport Center into a 25-story, 100-unit condo tower. But after Line in the Sand collected more than enough voter signatures to take the issue to a public vote, the Newport Beach City Council this year revoked the approval it had granted the project last year.

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