Judge denies OCMA’s request to prevent final council vote revoking Museum House approval
An Orange County Superior Court judge denied the Orange County Museum of Art’s request for a temporary restraining order intended to prevent the Newport Beach City Council from finalizing its decision to rescind approval of the Museum House development planned for the art museum’s current site.
Judge Geoffrey Glass did not provide a reason for his ruling, which he reached Wednesday afternoon after hearing attorneys’ written and oral arguments that morning, according to court records.
“We are obviously disappointed by this decision,” OCMA Director and Chief Executive Todd Smith said Thursday. He declined further comment.
OCMA had sought to prevent the City Council’s procedural second vote, scheduled for next Tuesday, that would scuttle its approval last year of Museum House, a 100-unit, 25-story condominium tower.
The luxury development, planned for 850 San Clemente Drive in Newport Center, would replace the museum, which hopes to move to Costa Mesa in a facility that would be built at the Segerstrom Center for the Arts.
But following a certified petition effort organized by local activist group Line in the Sand that called for a public vote on the condo project, the council opted Feb. 28 to cancel the original entitlements for Museum House rather than call an election to decide its future.
OCMA’s legal filings have said Museum House developer Related California was willing to pay a high price for the museum land, though the amount has not been publicly disclosed.
OCMA has an ongoing lawsuit against the city and Line in the Sand, arguing that the referendum petition violated state elections code. It sought the restraining order to last as long as four months, enough time for the court to make a decision on the lawsuit.
Line in the Sand spokesman Tim Stoaks said Thursday that his group “is appreciative of Judge Glass’ denial of the restraining order requested by OCMA and for allowing the City Council to finalize their rescind of the Museum House project.”
“We are hopeful that Judge Glass will ultimately rule in favor of the 14,000-signature Newport Beach residents’ petition,” Stoaks said.
Twitter: @BradleyZint
