GOLF COURSE DEVELOPER FILES CLAIM; COUNCIL'S DECISION TO BLOCK TUJUNGA PROJECT CHALLENGED.

Byline: Rick Orlov Daily News Staff Writer

A developer filed a $215 million claim against Los Angeles on Thursday because the City Council blocked his plans for a public golf course that was supported by a number of residents in the Tujunga Wash area.

David Heuber of the Foothills Golf Development Group, said he has tried to accommodate city concerns in developing the 352-acre site but was rebuffed by combined opposition from environmentalists and unions.

``This is a good project for the community, a good project for the city,'' Heuber said at a City Hall rally to mark the filing of the complaint. The city will have 45 days in which to respond, and then Heuber can go to court with a suit against the city.

Kathy Anthony, president of the Sunland-Tujunga Chamber of Commerce, was among the 50 residents who turned out Thursday in support of the proposed Red Tail Golf Club.

She said she feels the council has betrayed the community.

``This is just another example of the council going against the will of the people when it comes to getting services for Sunland-Tujunga,'' Anthony said.

She said many neighbors supported the project as a way to protect the wash from illegal dumping and provide open space and recreation to the city at no cost.

The golf course project has been mired in controversy since it was first proposed 10 years ago.

The plan was scaled back to an 18-hole course open to the public on about 110 acres of the property, and Heuber said he would help pay for horse and hiking trails around the site.

He also agreed to set aside 240 acres as a wildlife preserve to protect the endangered slender-horned spine flower. But union opposition - primarily from the Hotel and Restaurant Workers Local 11 - developed as part of a union dispute with Kajima International, which holds a lien on the property.

Kajima is a subsidiary of a firm that owns the New Otani Hotel, which has refused to allow the union to organize its workers.

David Koff, senior research analyst for Local 11, acknowledged the union's role in trying to influence City Council members to oppose the Tujunga Wash golf course project, but said there were more than enough environmental concerns to justify the council's rejection of the project.

Environmentalists, through the Santa Monica Mountains Conservancy, also sought to block the golf course development.

The conservancy has offered $3.5 million for the property, but the offer was rejected by the developer.

Heuber's attorney, Ed Casey, said the environmentalist and union opposition combined led the City Council to overturn the recommendations of the Planning Commission.

It was a case of the city taking the property without giving the developer a chance to earn a reasonable profit, he said.

Casey said if the city takes the land it is required by law to reimburse the property owner.

``We believe that action was a clear violation of the constitutions of the United States and California,'' he said.

The amount being sought is an estimate of what Heuber would have made over the course of the 30-year lease he holds on the land, Casey said.

The land is zoned for agricultural uses, which would allow a golf course.

Casey denied the claim was filed as a way to force the city to negotiate to reach a settlement on the issue.

``It is up to the city now,'' Casey said. ``If they call, we'll talk. But it is our intent to focus solely on this litigation.''

Officials with the City Attorney's Office said they could not comment on the claim.

In the past, however, the office has provided advice to Councilman Joel Wachs that the city would face difficulties in any legal action challenging the city's refusal to allow the development.

Wachs, who represents the area, had no comment on Thursday.