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A local activist has little chance of winning his legal fight against plans to build a new City Hall on a piece of land in Newport Center, an Orange County Superior Court judge said in a tentative ruling today.

Superior Court Judge Peter Polos tentatively denied Newporter Allan Beek’s request for the court to stop the city from spending more on finding an architect to design a new City Hall and other project expenses while his lawsuits against the city remain unresolved. Beek claims the city’s efforts to build there fly in the face of several laws.

Polos ruled Beek “has failed to show a probability of prevailing” in the lawsuit, according to court documents.

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Beek is suing Newport Beach and City Clerk LaVonne Harkless over the legality of Measure B, which requires the new City Hall to be built on the land next to the central library. The ballot measure passed in February with about 53% of the vote. The City Council later voted unanimously to support the measure, reconciling its earlier 3-4 split.

Beek’s lawsuit claims only the council may decide the next City Hall location, making the results of Measure B invalid.

Beek filed a second lawsuit claiming the council’s vote violated the California Environmental Quality Act and the city’s general plan. He alleges the council’s vote to support Measure B was illegal because the city already dedicated the land as open space.

The judge also tentatively granted a request from three of Measure B’s most prominent supporters to intervene in proceedings against Beek’s suits, including former state Sen. Marian Bergeson; retired Newport businessman Jack Croul, who funded much of the pro-Measure B political campaign; and Bill Ficker, leader of City Hall in the Park.

“It’s a huge victory, not only for my clients, but for the city as well,” said attorney James Lacy, who represents the proponents of Measure B. “This lawsuit has really ground up a lot of legal problems for the city.”

Newport Beach city officials have maintained Beek’s legal challenges are based on shaky legal ground.

“Mr. Beek’s lawsuit is misguided and his assumptions on why he would prevail in my mind didn’t have any merit,” said Newport Beach City Atty. Robin Clauson.

Beek could not immediately be reached for comment Tuesday afternoon.

Polos is expected to issue his final ruling on the injunction and the request to intervene by proponents of Measure B at a hearing Thursday.


BRIANNA BAILEY may be reached at (714) 966-4625 or at brianna.bailey@latimes.com.

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