Beek’s chances are slim

Newport Beach activist Allan Beek smiled and shook opponent Bill Ficker’s hand outside the courtroom Thursday afternoon and said he’d “rather be at a roast” than listen to Ficker’s attorney lambaste him in court again.

Beek says he plans to carry his legal battle against a new city hall all the way to trial, but attorneys for the city said Thursday they will probably move to have Beek’s lawsuits tossed out of court.

“[Beek] is simply upset and is grinding up the city’s resources and citizen tax dollars,” said attorney James Lacy during an Orange County Superior Court hearing Thursday. Lacy represents Ficker and two other proponents of the city hall project from the group City Hall in the Park.

“I would hope for the sake of the taxpayers of Newport Beach the petitioner would get off his high horse and let the city do its work,” Lacy said.

Lacy — who wrote the charter amendment known as Measure B, which Newport Beach voters passed earlier this year — has been outspoken in his criticism of Beek’s legal attacks on the measure. The attorney has even suggested on his blog a new word for legal motions he claims are a waste of taxpayer dollars — “Beeked.”

Measure B amended the city charter to require the next city hall to be built on the piece of land in Newport Center.

Orange County Superior Court Judge Peter Polos held off at a court hearing Thursday on issuing a final ruling on Beek’s request for the court to stop the city from spending more on finding an architect to design a new city hall and other project expenses while his lawsuits against the city remain unresolved. Beek says city plans to build on a roughly 12-acre piece of city-owned land in Newport Center violate several laws.

Polos said in a tentative ruling issued earlier this week that Beek has little chance of winning his lawsuits.

Newport Beach City Atty. Robin Clauson said that after the hearing she will ask the court to dismiss the matter if the judge sticks to his initial ruling.

The court granted the request today of several prominent members of the group to join the city’s legal fight against Beek.

Beek said he plans to see the legal battle through to trial. The activist said he feels the city and City Hall in the Park are the ones who have wasted taxpayer money.

“[Newport Beach and City Hall in the Park] are trying to turn the tables,” he said. “They’re the ones who started this when they got Measure B on the ballot. That’s how this got to court in the first place.”

Beek is suing Newport and City Clerk LaVonne Harkless over the legality of Measure B, which requires the new city hall to be built on the land next to the central library. The measure won about 53% of the February vote. The City Council later voted unanimously to support the measure, reconciling its earlier 3-4 split.

Beek’s lawsuit claims only the council may decide city hall’s next location, making the results of Measure B invalid.

Beek filed a second lawsuit claiming the council’s vote violated the California Environmental Quality Act and the city’s general plan. He alleges the council’s vote to support Measure B was illegal because the city already dedicated the land as open space.

Should Allan Beek give up his lawsuit? Send us an e-mail at [email protected] or leave a comment on our website.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected]. BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].