Residents sue over Brethren expansion

Residents near Brethren Christian Junior and Senior High School filed a lawsuit Friday 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 have pitched in to fund the lawsuit but said it’s “thousands of dollars.”

The fact that Brethren Christian is a private school makes no difference in the lawsuit’s procedure, McGrath said, because 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 council’s April approval of the project but lost.

After the 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.

Councilman Joe Carchio, along with councilwoman Jill Hardy, opposed the construction initially, which meant the plan passed 5-2. Carchio said he opposed the size of the gym, not the gym itself.

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.”

Timeline

Past: The city approved plans earlier this year for the construction of a new gym and football field, as well as expansion of the soccer field, at Brethren Christian Junior and Senior High School.

Present: Residents sued the city for approving the plans, which they deem obtrusive, last Friday.

Future: A settlement conference will take place in the near future in which all parties involved will meet and decide if a settlement is possible. If it is determined that a settlement is not possible, the case will continue to court.