Facts

In 2001, the City of Anaheim approved construction of a 2.44-mile sound wall extending within the City of Yorba Linda. The sound wall was to be built along railroad tracks close to the boundary line between the cities in order to reduce train traffic noise for residents. In 2000, Yorba Linda requested that Anaheim include environmental enhancements including aesthetic features to blend in or match existing walls within Yorba Linda. Anaheim refused the request, and approved its own Environmental Impact Report.

Yorba Linda filed petition seeking a court order to require Anaheim to consider and implement mitigation measures, required under the California Environmental Quality Act (CEQA). Yorba Linda contended that Anaheim's approval was invalid because it failed to consider and implement necessary mitigation measures to the sound wall's aesthetic and other negative impacts on Yorba Linda. On Nov. 19, 2002, the court issued a writ preventing Anaheim from constructing the sound wall without resolving the mitigation measures, and Anaheim appealed. Subsequently, to settle the litigation, Anaheim agreed to pay half of Yorba Linda's actual costs to develop mitigation measures. The settlement agreement resolving the CEQA case, was entered into on May 6, 2003 through an execution of a Settlement and General Release Agreement (Agreement).

PLAINTIFF'S CONTENTIONS:
Yorba Linda contended that the Agreement allowed it to develop necessary mitigation measures, and did not limit the cost of such a project. Yorba Linda completed the mitigation measures on Feb. 2, 2007, and sent Anaheim an invoice for $1,109,666, which Anaheim refused to pay.

DEFENDANT'S CONTENTIONS:
Anaheim contended that the Agreement predicted the total cost of the project would be $1.8 million, denying it was obligated to pay for more aesthetic features than was necessary.

Damages

Yorba Linda sought payment of $1,033,838, the remaining balance for the mitigation project.

Result

The court awarded Yorba Linda $1,033,838 plus pre-judgment interest.

Other Information

FILING DATE: Aug. 9, 2007.