An Orange County judge has tentatively ruled against two former Huntington Beach officials’ attempt to stop the nearly $5 million settlement between the city and the operator of the annual air show in town.
While the ruling is not final until after a hearing set for Thursday afternoon, it would be a blow to critics who have tried to stop the agreement.
Judge Martha Gooding, in the tentative ruling, said, “The fact that intervenors may have an interest in the use of the city’s taxpayer funds to the extent they are used to pay the settlement, does not mean intervenors have an interest in the issues of this litigation.”
Former Mayor Connie Boardman and former Planning Commissioner Mark Bixby filed the lawsuit on June 29, just days before the city could send the first settlement check.
Boardman’s and Bixby’s attorney, Lee Fink, said it’s not rare for a judge to change their ruling after oral arguments. Their intervention’s ultimate goal is “making sure we stop this giveaway of public funds,” he said.
Huntington Beach City Attorney Michael Gates did not immediately respond to a request for comment.
A summary of the settlement agreement said the lawsuit wouldn’t be dismissed until Pacific Airshow received the first payment of almost $2 million from the city. Pacific Airshow on July 13 filed to dismiss the case.
Pacific Airshow sued Huntington Beach and former Mayor Kim Carr in October for losses it incurred after the third and final day of the 2021 airshow was canceled following an oil spill. The spill caused beaches and fishing to close along much of the Orange County coast for weeks.
While the city has settled for nearly $5 million, Pacific Airshow is still suing Carr for her role in canceling the last day of the 2021 event.
Huntington Beach could also pay up to $2 million more if the city recovers additional money in its lawsuit against Amplify Energy Corp., the company that owns the pipeline that leaked.
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