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Critics say Fox officials' latest effort to ward of litigation is overreaction.


Twentieth Century Fox, ever since the Los Angeles City Council The Los Angeles City Council is the governing body of the City of Los Angeles, California, United States.  approved its $200-million expansion plan, has been anticipating a lawsuit, and has been going to unprecedented lengths to thwart it before it's filed -- angering the previously supportive council.

But homeowner advocates in the Century City area said they have no plans to file litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 any time soon.

"With a lawsuit, all that happens is you delay the development and you continue in an adversarial relationship," said Roy Belosic, president of the Cheviot Hills Cheviot Hills (chĕv`ēət, chēv`–), range, c.35 mi (56 km) long, extending along part of the border between Scotland and England. The highest point is The Cheviot (2,676 ft/816 m).  Homeowners Association.

Other homeowners, angry about the development rights granted to Fox by the Los Angeles City Council in June, admitted they "strongly considered" suing to stop the studio expansion project from going forward.

But then they reconsidered, and like Robert Stack's character in the comedy film classic "Airplane," decided: "No! That's what That's What is one of the more idiosyncratic releases by solo steel-string guitar artist Leo Kottke. It is distinctive in it's jazzy nature and "talking" songs ("Buzzby" and "Husbandry").  they'd expect us to do!"

The homeowner leaders said they fear that suing Fox may actually broaden the studio's development rights, under its agreement with the city.

Fox certainly was expecting a lawsuit. Fox Senior Vice President David Handelman said he'd bet "a lot of money" one will be filed.

The company has gone so far as to seek legislation invalidating lawsuits that may be filed against its 771,000-square-foot expansion plan for its 53-acre Century City studio lot. Later this month, the state Senate will take up the bill.

"I don't know Don't know (DK, DKed)

"Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party.
 anybody who's suing them," commented Belosic. "Where is this spate of lawsuits that sent them running to Sacramento for help?"

Handelman said the legislation is Fox's sole strategy now for battling persistent homeowner advocates, since fighting a new lawsuit in court could take years and "we can't afford to wait another three years."

The bill states that the Fox project complies with all local zoning and planning requirements and may not be challenged based on the California Environmental Quality Act The California Environmental Quality Act (CEQA) is a California law (California Public Resources Code section 21000 et seq.) passed in 1970, shortly after the Federal Government passed the National Environmental Policy Act. . The bill is opposed by the L.A. City Council, which approved Fox's expansion plan in June.

"I don't blame them for not wanting to spend two years, but they knew what they were getting into when they started this," said Councilman Zev Yaroslavsky Zev Yaroslavsky (born December 21, 1948) is a Los Angeles County politician. He served on the Los Angeles City Council from 1975 until 1994, when he was elected to the Los Angeles County Board of Supervisors. He was preceded in both offices by Edmund D. Edelman. , who represents the Century City area.

Homeowner advocate Sandy Brown Sandy Brown may refer to:
  • Alex 'Sandy' Brown (born 1939), Scottish footballer
  • Sandy Brown, Footballer who scored in the 1901 FA Cup Final
  • Sandy Brown, Jazz musician (born 1929), a notable Scottish clarinettist
  • Sandy brown, a colour and shade of brown.
, president of the Westside Civic Federation, said many homeowner groups are opposed to the legislation because they are afraid it will set a dangerous precedent that will be applied to future developments. Yaroslavsky agreed.

"If Fox can do it, then Playa playa
 or pan or flat or dry lake

Flat-bottomed depression that is periodically covered by water. Playas occur in interior desert basins and adjacent to coasts in arid and semiarid regions.
 Vista can do it, and Porter Ranch can do it," he said. Playa Vista and Porter Ranch are major master-planned, mixed-use developments slated for the Marina del Rey Del Rey may refer to:
  • Del Rey, California, a census-designated place in Fresno County, California
  • Del Rey, Los Angeles, California, a small district in the west side of Los Angeles
  • Del Rey (band), an indie rock band
 and the Chatsworth areas, respectively.

Despite the bill, homeowner advocate Val Cole, president of the California County Club Homes Association, said she thinks Fox is trying to provoke a lawsuit.

"I really think they want to get sued," Cole said. "Their actions seem to be predicated on wanting a suit."

In addition to the bill, Cole was referring to language in Fox's development agreement with the city that allows Fox freedom from its commitments if the expansion plan is challenged in court.

The final version of the development agreement is not yet available to the public, but various draft versions have been circulated and discussed.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Laura Lake, president of Friends of Westwood, Fox has the option of splitting up the property and/or selling it for condominium development if someone merely files a lawsuit challenging studio expansion.

"This is total, total overkill overkill Vox populi An excess of anything ," said Lake. "They have a way out of everything. The goal is unlimited development rights so they can sell it."

But Handelman said the development agreement only allows Fox to back out of its covenants "in the event of litigation, including pending litigation, which invalidates the (development) agreement." In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke"
put differently
, Fox would have to lose a lawsuit.

Fox only wants the condominium option in place in case the studio expansion plan is struck down, said Handelman.

If the studio "had assurances that won't happen," such as passage of the bill disallowing lawsuits, Handelman said he'd "gladly throw the (condominium) tract map out the window."

"It is our hope that the tract map becomes the most irrelevant thing in the world," he said.

Belosic said his unwillingness to sue is not based on the possibility of broadening development rights, but on his desire to work with the studio to obtain the best possible development.

"We're not interested in out-Foxing them," said Belosic. "This isn't a chess game."

Meanwhile, oral argument is scheduled for Aug. 5 in the Court of Appeals on another lawsuit dealing with a side-issue related to the Fox case -- whether Fox's 12-year-old tract map for condominium development on the property is still valid.

The homeowners, joined in the suit by the City of Beverly Hills, contend that the City of Los Angeles
For the city, see Los Angeles, California.
The City of Los Angeles was a streamlined passenger train jointly operated by the Chicago and North Western Railway and the Union Pacific Railroad.
 acted illegally last year when it extended the tract map until 1994. The City of Los Angeles won at the Superior Court level last October.

John Klein, president of Friends of Fox and a proponent of studio expansion, said he believes Fox should be able to hold on to the condominium development option if its project is challenged in court.

Last month, Klein sent Cole roughly 100 cards from Friends of Fox members in the Cheviot Hills area who are opposed to legal action against Fox. Cole's group and the Cheviot Hills Homeowners Association jointly represent about 2,000 homeowners.

"Anybody can challenge anything -- one word, one comma -- and tie this thing up for another two or three years," said Klein, who labeled the homeowner groups' previous suits as "frivolous."

Handelman contended that "there's been a history of harassing-type litigation regarding CEQA CEQA California Environmental Quality Act of 1970  in this state."

"California is infamous for being a job-killing machine," said Handelman. "There needs to be a recognition on the City Council that this sort of litigation is job-killing."
COPYRIGHT 1993 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Twentieth Century-Fox Film Corp.
Author:Rackham, Anne
Publication:Los Angeles Business Journal
Date:Aug 2, 1993
Words:973
Previous Article:Entertainment industry awaits new L.A. film czar. (liaison between Los Angeles, California government and motion picture industry)
Next Article:MTA delays budget action to give Riordan input time. (Metropolitan Transportation Commission; Los Angeles, California Mayor Richard Riordan)
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