{"id":218171,"date":"2026-03-13T14:22:40","date_gmt":"2026-03-13T14:22:40","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/218171\/"},"modified":"2026-03-13T14:22:40","modified_gmt":"2026-03-13T14:22:40","slug":"local-lawyer-says-sb-faces-state-litigation","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/218171\/","title":{"rendered":"Local lawyer says SB faces state litigation"},"content":{"rendered":"

\"\"<\/a><\/p>\n

A local lawyer says Seal Beach is exposed to litigation from the state in a Monday, March 9 letter to the Seal Beach City Council for not approving the sewer connection for the Lampson Park Place project. The Lampson Park Place project is located in Los Alamitos.\u00a0 According to the attorney, that lawsuit would come from the state government rather than his client.<\/p>\n

Scott Levitt, of Levitt Law, discussed the contents of his two-page letter during the public comment part of Monday\u2019s council meeting. Levitt represents Lennar, the project developer.<\/p>\n

The Lampson project will build 246 living units in Los Alamitos and includes affordable housing.\u00a0<\/p>\n

Los Alamitos already approved the project. Lampson is on the Los Alamitos\/Seal Beach border.<\/p>\n

City Attorney Nicholas\u00a0 Ghirelli, during his report to the council, acknowledged that the Lampson project was discussed during the closed (to the public) session of the council meeting, but described the discussion as confidential. Ghirelli said no reportable action was taken on the matter during the closed session. \u201cBut we will be providing a response to Mr. Levitt,\u201d Ghirelli said.<\/p>\n

In March 2025, Ghirelli warned the council of a threat of a lawsuit over the sewer connection for the Lampson project. (See \u201cLampson lawsuit?\u201d at sunnews.org.)<\/p>\n

Legal exposure?<\/p>\n

The letter identified five \u201cconsequences\u201d of not allowing the sewer connection for Lampson Park Place. The legal exposure was the fifth item in the letter.<\/p>\n

\u201cAs noted in prior correspondence from project counsel, the Housing Accountability Act prohibits local agencies from engaging in conduct that effectively disapproves or delays housing development through obstruction of post-entitlement permits,\u201d Levitt wrote.<\/p>\n

\u201cMy hope is that the City will reconsider its position before further legal escalation becomes necessary,\u201d Levitt wrote.<\/p>\n

Levitt addressed this issue during the public comment part of the council meeting. \u201cAnd lastly the city is, in our opinion, not in compliance with the state Affordable Housing Act, and it faces potential litigation because of that,\u201d Levitt said.<\/p>\n

\u201cThat lawsuit would not come from my client. That lawsuit would come from the state of California for violation of the Housing Authority Act,\u201d Levitt said.<\/p>\n

He said he would be around if city officials had any questions. No one on the dais asked Levitt any questions during the meeting.<\/p>\n

More from the letter<\/p>\n

\u201cThe purpose of this letter is simply to ensure that the Council, staff, and the public clearly understand the practical consequences of the City\u2019s current position regarding the requested encroachment permit and sewer connection,\u201d Levitt wrote.<\/p>\n

\u201cThe only question presently before Seal Beach is whether the City will allow the project to connect to an existing sewer line located within approximately one hundred feet of the project site through a routine encroachment permit or whether it will force the developer to connect to the alternative district causing months or years of disruption for the City\u2019s residents who utilize Lampson on a daily basis. In either instance the City must issue an encroachment permit,\u201d Levitt wrote.<\/p>\n

According to Levitt\u2019s letter, if the sewer connection is approved the impact on Seal Beach infrastructure will be minimal. \u201cThe work consists primarily of a short trench connection and limited roadway disturbance along Lampson Avenue. The construction work required within Seal Beach would be measure in feet, not miles, and in days or weeks, not months or years,\u201d Levitt wrote.\u00a0<\/p>\n

Some Seal Beach residents who oppose the Los Alamitos project have argued that the Seal Beach sewer system cannot handle the load from Lampson Park Place, which used to be an office park with a Seal Beach sewer connection.\u00a0<\/p>\n

In October 2025, Ghirelli told the public that Seal Beach would need to do a study of the city\u2019s sewer system so the council could make an informed decision on the sewer connection. (See \u201cLampson Ave project update,\u201d at sunnews.org.)<\/p>\n

\u201cHowever, the Project, when first proposed had a sewer study completed,\u201d Levitt wrote.\u00a0<\/p>\n

\u201cSuch study was reviewed by Seal Beach consultants. The city\u2019s consultants provided input, the study was completed in accordance with such comments and was approved,\u201d Levitt wrote.<\/p>\n

According to Levitt\u2019s letter, Seal Beach\u2019s \u201crefusal\u201d to allow the connection has forced the developer to find an alternative.\u00a0<\/p>\n

During the public comment part of the March 9 meeting, Levitt said the alternative sewer connection has already been approved.\u00a0<\/p>\n

During the public comment period of the March 9 meeting, Patty Campbell, a member of the Seal Beach Planning Commission and College Park East resident, expressed concern that construction for the approved Rossmoor connection posed public safety risks. \u00a0<\/p>\n

One concern Campbell cited was the presence of a 34-inch high-pressure gas line on the north side of Lampson. Campbell is an opponent of the Lampson development project. Campbell said it looked like the developer was going to take the sewer line all the way down Lampson Avenue to Seal Beach Boulevard.\u00a0 \u201cNow the least Lennar can do is offset the great inconvenience to us of their construction project would be to replace that wall on Lampson Avenue,\u201d Campbell said.<\/p>\n

Levitt\u2019s letter said the applicant (apparently a reference to the developer) offered approximately $1 million for stormwater studies, traffic improvements, and other benefits, along with $1.22 million in permit revenues. \u201cThese figures do not include the decades of monthly revenue generated from the actual monthly fees from the homeowners for such services,\u201d Levitt wrote.<\/p>\n

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