SAN JUAN CAPISTRANO : New Barb in ‘Porcupine Hill’ Dispute

After 23 months, there is still no winner in the city’s battle of “Porcupine Hill.” Instead, the costly legal fight has spawned a third lawsuit.

Since 1989, Robert Maurer has been trying build a 100,000-square-foot house on a 42-acre hilltop parcel distinguishable by 87 spindly date palms, for which the hill is nicknamed. The city opposes the project.

That fight has evolved into three lawsuits between Maurer’s development company, Coral Properties, and the city. One deals with the proposed house, another with some diseased eucalyptus trees, the third with the city’s refusal to allow utility connections to the hill.

This week, the city hired a Newport Beach-based law firm--Chapman Fuller & Bollard--to handle the utility connection case at a cost to city taxpayers of $200 per hour. The same firm is representing the city in the lawsuit over who should remove the dead eucalyptus trees from the property.

Mark Maurer, Robert Maurer’s son, said he and his father filed the latest lawsuit last month because the city has blocked them from installing utilities, even though city staff members have approved the plans.

“We’d like to hook up sewer, water, electricity, all our utilities,” he said, “especially put in fire hydrants. (Our plans) were found to be technically correct by the city, but the city attorney got involved and stopped us. We’ve been told the permits cannot be issued without the city attorney’s approval.”

The city has yet to respond to the latest lawsuit, but intends to do so “shortly,” said George Scarborough, assistant city manager.

The city’s dispute with Robert Maurer dates to 1978, when he built the 62-unit Belford Terrace development below the hill. At issue is the 63rd unit--which Maurer intended to develop on top of the hill as his own residence.

Maurer alleges that he won approval for that building along with the other units in 1978. The city disagrees and alleges that its nearly-2-year-old ridgeline protection ordinance prohibits anyone from building within 200 feet of protected hilltops. That ordinance is what touched off the first Maurer lawsuit.

The 23-month standoff has cost both parties a “considerable amount of money,” Mark Maurer said.

He regrets that the dispute had to result in lawsuits, he said.

“This doesn’t help anybody, and it sure doesn’t help a city with budget problems,” he said. “We’ll be branded the bad guys, because it is our action that has cost the city this money.

“But what are we supposed to do, just give up? I don’t think we can do that. We are just protecting our rights.”

A September trial date has been set for the eucalyptus tree part of the case; an October trial date has been scheduled for the house case.

“The bottom line is to go to court and let a judge sort it out,” Mark Maurer said.