2 condo conversion suits rejected

Procedural error causes setback

Two lawsuits challenging the city of San Diego's approval of dozens of condominium conversion projects were tossed out by a judge yesterday on a technicality.

Lawyers representing a coalition of condo converters persuaded Superior Court Judge Ronald S. Prager that the suits should be dismissed because a required legal document was never filed.

At stake were close to 104 projects accounting for 3,600 rental units that developers want to convert into condominiums in communities throughout the city.

Attorney Cory Briggs, working on behalf of a group of affordable-housing and environmental advocates, has argued that the city has violated state law by failing to analyze conversion projects to determine what impacts they might have on the environment.

Briggs is suing not only the city over already-approved projects, but he also is challenging the city's practice of approving conversion projects without preparing an environmental analysis, which he contends is required under state environmental law.

While yesterday's ruling was a setback for Briggs' cases, he said he plans to return to court next month to try to persuade the judge to overlook his mistake and reinstate the two suits.

The suits were thrown out because Briggs had failed to formally request a hearing on his cases within the prescribed time period.

“We fully expect the court to reinstate the case,” he said. “This is really a procedural technicality, and the judge didn't consider any of our arguments to excuse what we did, which will happen Sept. 15.”

This week, the San Diego City Council turned down appeals filed by Briggs on 76 condo conversion projects he contended required environmental review. Once they are formally approved by the city, Briggs said he plans to sue over those projects as well. More immediately, he said he intends to file another suit challenging dozens more projects already approved by the Planning Commission and City Council.

“Assuming the judge denies Mr. Briggs' motion on Sept. 15 to be relieved of his mistake, then more than 100 projects that are challenged will be able to go forward without a cloud on them,” said attorney Evelyn Heidelberg, who represents a number of condo converters.

“Briggs is misguided in every respect, in the law and the facts,” Heidelberg said. “Condo conversions are not taking a substantial bite out of the available rental market. Moreover, condo conversions are the only affordable homeownership option for thousands of working San Diegans.”

Briggs has argued that the cumulative effect of converting thousands of rental units to condos has been a loss of affordable rental housing. That, in turn, creates a need for increased housing construction and leads to more traffic and air and noise pollution.

City Attorney Michael Aguirre has supported Briggs' claim that an environmental review is necessary, but the city's development services department disagrees.