LAGUNA BEACH : Ruling Issued in ‘Spite Fence’ Dispute

Ronald Haft, already at the center of a multimillion-dollar lawsuit in Washington over control of his family’s corporate empire, has lost a nasty boundary dispute with his South Laguna neighbors.

Orange County Superior Court Judge William F. McDonald informed lawyers last week in a written decision that carob trees Haft planted between his house and that of Santa Ana builder Jeffrey P. Rhoades had become a “spite fence” and must be cut back.

Haft, 34, and his attorneys contended that he planted the trees in 1991 to provide privacy for his pool, deck and spa area.

But Rhoades and his wife, Christine, daughter of Orange County developer William Lyon, said in their suit against Haft that as the row of trees grew, it blocked their “spectacular panoramic ocean and coastline and mountain view,” and dropped unsightly bean pods in the area of their pool.

Haft testified that, although he was aware of the Rhoadeses’ complaints, “at this point I’ve chosen not to trim the trees.”

The judge ruled that planting the trees for privacy was “initially . . . a legitimate purpose.” McDonald went on the say, however, that “it is Haft’s duty to keep the trees pruned” so they don’t destroy the Rhoades’ view.

Neither Haft nor his attorneys could be reached for comment Sunday. The judge wrote the decision last Monday, but it was not available until Sunday.

During the trial, Haft said he purchased the $900,000 home because “it created a greater sense of privacy,” and because “I like the casual, relaxed, individualistic character of Laguna Beach.”

The Rhoadeses’ attorney, Marc Alexander, said “the Rhoades are pleased with the judge’s opinion. I hope for the sake of the Haft organization that Mr. Haft will treat his shareholders with greater respect than his neighbors.”

Haft is president of a family corporation that includes the Dart Drug, Crown Books and Trak Auto chains, worth an estimated $800 million, with 10,000 employees.

He is also at the center of a bitter legal battle among family members for control of the empire.

Earlier this month, a Washington Superior Court judge ruled in favor of Ronald Haft and his father, Herbert Haft, in their efforts to keep Herbert’s estranged wife, Gloria, and Ronald’s older brother, Robert, and sister, Linda, from dismantling the corporate empire.

After Herbert Haft, founder of Dart Drug, removed Robert Haft, founder of Crown Books, as president of the corporation--replacing him with Ronald--Gloria Haft sided with Robert and filed for divorce.

In the Laguna Beach case, Judge McDonald was also asked to rule on several other property dispute issues between Haft and the Rhoadeses. The neighbors had argued over ownership of two parcels that separate their land in South Laguna, as well as a variety of improvements made along the disputed boundary.

While awarding one parcel to the Rhoadeses and allowing them to retain construction footings on another, the judge ordered them to dismantle a “monolithic type” wall on the disputed property.

The judge found that the Rhoadeses “were not innocent improvers” in building the wall, which is part of a complex that includes their “dream house” now under construction.

Haft will also have to alter or dismantle a deck that exceeds height limits for his property, the judge said.