Residents sue over Brethren gym

Residents near Brethren Christian Junior and Senior High School filed a lawsuit this afternoon against the city after the school and city approved plans for expansion that include an approximately 31-foot-tall, 26,785-square-foot gymnasium.

The residents contend that the plan does not conform to predetermined laws regarding land use, traffic, design parking and the California Environmental Quality Act, a statute requiring local agencies to pinpoint and lessen significant environmental implications of actions like construction.

“We’re alleging that the city of Huntington Beach failed to analyze the full magnitude of the expansion project,” said Stephen Miles, the residents’ attorney. As a result, the city has also failed to notify residents of these implications, Miles contended.

City Attorney Jennifer McGrath said the city denies these allegations, but she sympathized, saying she could “appreciate the residents’ concerns.”

The civil case is unlimited, meaning residents are demanding more than $25,000.

Terry Crowther and his wife, Sharon, who have lived in the neighborhood for five years, have collaborated to rally neighbors against the city. More than 370 registered voters have signed a petition in opposition to the City Council’s approval of the school’s expansion, Crowther said.

“Our neighbors have reached into their pockets. Seniors on fixed incomes, families on single incomes, residents of this city for 40 years have all dug in their pockets,” he said.

Crowther didn’t give a specific number as to how much residents in the area have pitched in to fund the lawsuit, but said it’s “thousands of dollars.”

The fact that Brethren Christian is a private rather than a public school makes no difference in the lawsuit’s procedure, McGrath said, as it is a “land use decision.”

In addition to the gym, the expansion project will also include a football field and an expanded, multiple-use soccer field.

Residents appealed the City Council’s April approval of the project, but lost. After the city’s Design Review Board approved the entire project June 11, residents got ready for action.

The next step will be a settlement conference, where the parties involved will decide if there is “any room for settlement,” Miles said.

“We’re pretty confident that the city is going to be open to settlement discussions,” Miles said.

McGrath was unavailable for comment regarding a possible settlement. If a settlement isn’t reached and litigation is necessary, this case could take between nine and 12 months from start to finish, Miles said.

The city plans to defend the lawsuit and will likely request Brethren Christian to defend the litigation, McGrath said.

Miles represented neighbors in a successful lawsuit several years ago against the Ocean View School District, in which he forced four schools planning to build new gymnasiums to downsize the gyms and restrict their use.

The residents essentially want the city to reassess the full impact of the new additions. Miles is open to revisions to the plan such as downsizing the gym.

“Basically, go back to the drawing board,” he said.

The lawsuit has two objectives: to ensure that residents are properly informed of the full magnitude of the project, and that the expansion project, if approved, complies with all state and local laws.

“The big question we keep asking is ‘why?’” Crowther said. “What’s really the agenda of building this huge building that can occupy all these people? . . . Something doesn’t make sense here.”