Property, Hotel Owners Sue Disney, Anaheim : Resort: Environmental data is challenged. School districts meanwhile decide not to fight $3-billion project.
SANTA ANA — One day after the Disneyland Resort received the endorsement of Gov. Pete Wilson and his pledge of $60 million in support from the state, several property and hotel owners sued the city of Anaheim and the Walt Disney Co. on Thursday over the project’s environmental analysis.
But proponents of the massive tourist attraction received good news as well, as three local school districts that had threatened legal action disclosed their decision not to file suit.
The developments occurred two days before the deadline to legally challenge the city’s environmental impact report on Disney’s plan to build its 490-acre resort in the urban area adjoining Disneyland.
Two lawsuits filed in Orange County Superior Court on behalf of various property and hotel owners contend that city and Disney officials did not adequately review all the adverse impacts the local community would feel from the $3-billion project.
“The environmental impact report is all gobbledygook,” said attorney Cynthia Wolcott, who is representing most of the plaintiffs.
Ken Wong, senior vice president for Disney Development Co., said the two lawsuits cause the firm concern. “Any litigation places an additional burden on an already tenuous financial decision,” he said.
Disney has said repeatedly, and Wong reiterated Thursday, that protracted legal challenges could kill the project. As planned, the project includes a new theme park adjacent to Disneyland, along with 5,600 hotel rooms, an amphitheater and an expansive shopping district.
According to the city attorney’s office, the legal challenges could be resolved within weeks or could drag on for months.
While the project drew legal challenges from property owners it escaped legal entanglement with several school districts.
Officials from the Garden Grove Unified, Centralia and Anaheim Union districts confirmed Thursday that they have decided against taking legal action to address their concerns. The districts fear that the resort--which would employ 28,000 workers--would burden local districts with thousands of new students. The districts reached their decisions in separate board meetings Tuesday.
Maureen DiMarco, Gov. Wilson’s secretary of education and child development, who has been working to resolve the problems between Disney and the districts, said the negotiations have been productive.
“Disney did not offer up any cash” to the districts, she said, but instead appears willing to provide various services and programs, such as job training or drug awareness classes.
Wong said he was unaware of the school districts’ actions. But, he added, “if that ends up being their decision, then we would be very heartened.”
The Anaheim City School District might still challenge the environmental analysis. It has contended that it will suffer far greater impacts than were detailed in the environmental report. Neither district officials nor their attorneys could be reached for comment Thursday.
The litigants in the two suits filed Thursday also claim that the environmental review was inadequate and flawed. Among their targets are the height and zoning ordinances that were passed to accommodate the project.
Attorneys for the plaintiffs said the ordinances are unconstitutional and unfairly restrict local property owners’ rights, while not applying equally to Disney’s project. Furthermore, they argue that Anaheim unlawfully intends to use its powers of eminent domain for the benefit of the private venture.
“I think the city does whatever Disney tells them,” attorney Wolcott said. She added that Disney has been unwilling to negotiate seriously with her clients, leaving them no alternative but to sue.
“Disney officials are glib, arrogant and evasive,” she said.
Suing Disney in one action are property owners Joan Schlund, Clyde Schlund, Mary Worthy, Laura Sprang and Dave Kaufman, as well as the owners of Anaheim Plaza Hotel, Best Western Courtesy Inn, the Flamingo Motel and Anaheim Maingate Inn. Another suit was filed by Tiffy’s Family Restaurant in Anaheim.
Each suit seeks an injunction preventing construction of the project, as currently planned.
City officials said they were dismayed by the lawsuits.
“This is disappointing but not unexpected,” Anaheim City Manager James D. Ruth said. “The reality of going forward on a $3-billion project without litigation is remote. We just have to wait and see. Hopefully, it can be resolved without going to court.”
Ruth said he believes the city did a thorough analysis of the project’s impacts and did nothing unlawful.
Before Thursday, the project appeared to be moving along without any major problems. The city approved all the environmental and planning documents last month, and opposition to the project has been limited.
On Wednesday, Gov. Wilson publicly praised the project, saying it is precisely what the state needs to boost a sagging economy. As a sign of his support, he committed $60 million in state transportation money that will be used to help construct two freeway ramps, a large parking garage and a public transportation hub.
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