Threat to Amphitheater, Water Park Lifted

SANTA ANA â€”  Lawyers for a Los Angeles businessman who has threatened to tear down the Irvine Meadows Amphitheatre and a neighboring water park in a dispute with his landlord now say he’ll put down the wrecking ball in preparation for duking it out in court.

In an abrupt 11th-hour turnaround in legal strategy, attorneys for Harry Shuster, head of United Leisure Corp., on Thursday filed suit in Orange County Superior Court to extend the company’s ground lease with the Irvine Co. another 26 years and spare the targeted facilities from demolition.

Shuster has been battling in recent weeks for the right to tear down the popular Orange County attractions when his master lease expires today. He has been using the threat of demolition to extract a financial settlement from the Irvine Co. in exchange for leaving those two profitable tenants on the property.

Thursday’s lawsuit capped a day of furious legal action coming on the eve of today’s deadline. The state Court of Appeal rejected a request by the Wild Rivers water park for an emergency injunction to block Shuster from demolishing the $8-million facility.

Owners of the water park in turn filed a lawsuit of their own Thursday against some of Shuster’s attorneys, alleging legal malpractice.

Meanwhile, in another courtroom, a legal battle to overturn an injunction preventing Shuster from demolishing the 15,000-seat Irvine Meadows Amphitheatre ended the day with that order being upheld--at least temporarily.

Shuster attorney Wayne Call says his client’s move for a lease extension is a way to protect beloved community attractions and ensure Shuster some economic benefit from their preservation. Shuster sent a letter to the Irvine Co. on Thursday announcing his intentions.

“As far as [Shuster] is concerned, the lease has been extended 26 years and the company doesn’t have to tear anything down starting March 1,� Call said. “We think this is good news and reflects Harry Shuster’s desire to find a way to preserve these facilities.�

But Irvine Co. officials dismissed any notion of extending a relationship that has been marred by more than a decade of rancorous legal disputes.

“It is a silly, laughable 11th-hour stunt and yet another attempt on his part to get money that he’s not entitled to,� said Irvine Co. spokesman Larry Thomas. “That lease ends tomorrow. Period. This just shows his level of desperation.�

Irvine Meadows and the adjacent Wild Rivers water park are tenants on a 300-acre parcel near the El Toro Y that Shuster controls through a 29-year master lease with the Irvine Co.

The Irvine Co. is poised to step in as landlord when Shuster’s lease expires at midnight tonight. But utilizing a removal clause in that agreement, Shuster has threatened to raze both facilities when his lease runs out unless the Irvine Co. pays him to leave those two profitable tenants on the parcel. The master lease gives Shuster 90 days after expiration to remove the improvements from the property.

While Shuster’s latest legal strategy would appear to defuse the high-stakes standoff that had threatened to destroy the two popular South County attractions, the saber-rattling has gotten louder in recent days.

Shuster publicly has cast himself as a plucky David who is just standing his ground after years of alleged mistreatment by Orange County’s development giant.

Earlier this week he took out a full-page newspaper ad chastising the Irvine Co. for refusing to negotiate a peaceful settlement to the dispute. On Thursday his demolition contractor picked up permits from the city of Irvine to dismantle the water park.

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Meanwhile, attorneys for the water park and amphitheater have attempted to portray Shuster as a vindictive extortionist who would destroy beloved community assets just to settle a score with his old nemesis.

Owners of the water park Thursday expressed disappointment with the appellate court’s refusal to grant an emergency order blocking Shuster from tearing down the facility.

But injunction or no injunction, Wild Rivers General Manager Greg Briggs said his company will not sit idly by in the event that Shuster reverts to his original demolition strategy. He said the water park has placed armed security guards on the property to protect it from potential harm.

“That water park is like my home and I’ll do whatever is necessary to protect my home,� Briggs said. “We will not allow Harry Shuster to destroy it.�

Wild Rivers attorney Kathleen McDowell said the company will also likely file an emergency appeal to the state Supreme Court.

The water park on Thursday also filed suit in Orange County Superior Court against Shuster attorney Brian Lysaght. That suit charges Lysaght with conflict of interest for representing the water park in lease negotiations with the Irvine Co. while he was still working for Shuster.

Also on Thursday, a complicated legal chess match to overturn an injunction issued last week preventing Shuster from demolishing Irvine Meadows ended with the legal order remaining intact--for the time being.