Confidential
Settlement – $24,015Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
The city entered into an agreement authorizing a jet ski association to conduct three world championship jet ski
races. The city issued a Proposed Mitigated Negative Declaration (PND) which concluded the first race would
not cause impacts to air and water quality. Environmental organizations and individuals objected that the PND
failed to study the second and third races and that each race would cause impacts to air and water quality.
The city issued a Final Mitigated Negative Declaration (FND) which concluded that the first race would not
cause environmental impacts. The city issued a special event permit for the first race. The cityÆs permit was
expressly conditioned upon the Coastal CommissionÆs approving the first race, scheduled for October 1999.
The Coastal Commission denied permission to hold the event. The IJSBA immediately rescheduled the race to
Lake Havasu, and decided not to apply to hold the other two races in the succeeding years.
The petitioners filed their CEQA petition the day before the Coastal Commission hearing, and did not serve it
until after the Coastal Commission denied the permit.
Settlement Discussions
In mediation, the parties entered into a written agreement which specified the second the third races would not take place; the FND could not be used on any project; and an award of fees and costs would be decided by the court on motion. After oral argument, the judge reversed the ruling and denied the fee motion on the ground that petitioners failed to bring claims on the second and third races. The judge then denied petitionersÆ motion to correct order based on erroneous factual findings.
Other Information
The settlement was reached five months after the lawsuit was filed.
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