SANTA ANA : Suit Over Swap Meet Closure Is Dismissed

A Superior Court judge Thursday dismissed Santa Ana Councilman Richards L. Norton’s $1.8-million lawsuit alleging that Santa Ana officials improperly shut down his open-air swap meet in 1987.

“His lawsuit is officially over. We didn’t feel the lawsuit had any merit to begin with,” said Robert J. Wheeler, assistant city attorney. Saying he was pleased with the decision, Wheeler added, “Both legally and factually it is the proper decision to make.”

Norton’s suit claimed that the City Council had not acted in good faith and had violated the Ralph M. Brown Act when it terminated his lease at Santa Ana Stadium/Eddie West Field. Norton alleged that council members secretly decided the issue in advance of their public vote.

The city filed a countersuit alleging that Norton, 41, owes it about $60,000, including unpaid business fees.

Norton, who was not a council member when he filed the suit, said after the decision that he will decide whether to challenge it in the state Court of Appeal after conferring Friday with his attorney.

Concerning his chance of succeeding now, he said, “I am optimistically disappointed. If there is an appeal, I believe it will work out on appeal.”

The Ralph M. Brown Act prohibits public bodies from carrying out city business behind closed doors, with some exceptions.

The judge’s decision to dismiss the case followed a Sept. 15 appellate court ruling in a case similar to Norton’s. That judge ruled that the plaintiff should have sought a court order to force the council to reconsider its decision, rather than pursue a lawsuit and seek damages, Wheeler said.

The city’s countersuit will be heard by Franklin on Oct. 19.