Politics & Government

Judge Rules in Favor of Poway in Arbolitos Sports Park Lighting Case

Judge Linda B. Quinn ruled that the city complied with the California Environmental Quality Act.

A San Diego Superior Court judge sided with the City of Poway on Friday in a lawsuit filed by a Poway resident regarding an environmental issue at

Judge Linda B. Quinn ruled that the city complied with the California Environmental Quality Act in deciding to install field lights at the park.

“We’re very excited and pleased with the ruling and look forward to building one of Poway’s best sports parks at the Arbolitos Sports Fields,” Councilman Jim Cunningham said.

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Cunningham attended the hearing and said Quinn heard arguments that lasted more than two hours. Cunningham noted that Quinn is the same judge who delayed an earlier order on Friday that might have blocked the Fourth of July fireworks show off La Jolla.

“It was quite a day for environmental law and its impact on recreation and sports, for both fireworks and the Arbolitos soccer fields,” Cunningham said. “Same judge, same day and similar issues.”

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In his lawsuit, Peter De Hoff claimed the installation of lighting, like those proposed for the soccer fields, could impact the local insects, which he claimed would impact the ability of the California gnatcatchers to feed and survive. The small birds are considered a threatened species.

De Hoff said he was surprised and disappointed by the ruling.

“The city’s attorneys said even if it was certain the gnatcatchers would be killed by this project, the project can still go forward. The judge appeared to agree with them on that end,” De Hoff said. “There’s nothing more I can do on that end. I can bring up as many studies and say the gnatcatchers will be killed, but if the answer is, ‘so what?’ there’s nothing I can do on that. It was a little disappointing that the city would take that position, considering they’re supposed to be very pro-environment here.”

De Hoff, who was represented by Rory Wicks of Coast Law Group, claimed that the city failed to consider the lights’ environmental effects and did not include information about the existence of the gnatcatcher in its environmental report.

The City Council to install lights at Arbolitos Sports Park on Oct. 19. At the meeting, De Hoff shared his concerns with the council. He said he and his wife took photographs of what he claimed were California gnatcatchers in the brush nearby.

Coast Law Group filed a lawsuit against the city on behalf of De Hoff a month later, on Nov. 19.

that confirmed the presence of the blue-gray songbirds in the park and delayed the construction of lights from March until late August when the gnatcatchers’ mating season ends.

“The evidence in the literature that I read, and I’ve read a fair amount, indicates that there will be a detrimental impact to the gnatcatchers and other species that are preset there with the way the lights are currently designed to be installed and operated,” De Hoff said. “Is it really worth it to knock off the songbird for a couple hours of extra playing time at night?”

Cunningham said the judge indicated that the concerns of the gnatcatchers “are not significant enough to prevent the city from going forward with their plans for the park.”

“I think that while this is a great victory for Poway sports and families, that the judge went to great lengths and the lawyers went to great lengths to confirm that Poway does have a commitment to environmental concerns, but they need a reasonable balance between environmental concerns and the ability of the community to recreate,” Cunningham said.

In addition to the environmental issue brought forth by De Hoff, some Poway residents have expressed concerns about noise, traffic and other impacts from the proposed lights.

“I think the group realized that lights were going to be installed, and I believe their goal was to minimize the nighttime use, just for our soccer youth in Poway,” Councilman Dave Grosch said. “But most now believe the park will also be used by the adult leagues late at night. These leagues tend to be louder and more boisterous than children playing. That’s a problem for those living near the park, and I fully understand their concerns.”

Because Quinn ruled in favor of the city, the city can move forward with installing the field lights after the gnatcatchers’ breeding season ends.

De Hoff still believes that there needs to be an environmental study, he said, to determine what mitigation factors can be put in place to reduce the impact that the project could have on the California gnatcatchers and other species.

Although De Hoff has the option of appealing the judge’s decision, he said he does not think he will appeal, because his lawyer indicated that he would not be likely to succeed.


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