Malibu City Attorney Christi Hogin pressed developer Norm Haynie about a threatened lawsuit at Monday night’s City Council meeting, interrupting his speech accepting an award on behalf of the Malibu Wastewater Advisory Committee “Septic Smart Week” to demand clarification on the suit.
At the start of the meeting, Hogin announced the threat of a lawsuit and suggested the council vote to go into closed session at the end of the meeting.
“After the posting of tonight’s agenda, a matter came to my attention that requires immediate action,” Hogin said, adding, “Friday night, Norm Haynie’s lawyer and I had a conversation which communicated that Mr. Haynie would pursue litigation to resolve the dispute with the city.”
The dispute is over a lot on the Pacific Coast Highway where Haynie was approved to build a residential property in 2006. Since that approval, there has been dispute between Haynie and the city which has caused development to drag.
“We have a proposed resolution, but some financial pressures on Norm’s part are such that saying that the city must respond to the proposal by tomorrow,” Hogin said Monday night.
The council voted 5-0 to agendize the item.
A few minutes later, Haynie went up to accept the award.
“I’m accepting the award, but not for the Wastewater Advisory Committee, but for the City of Malibu and the people who have made our program great,” Haynie said.
He then dropped his voice.
“By the way, I never wanted to sue the City,” Haynie said.
Hogin then jumped in.
“Well then we’re not going into closed session,” Hogin said.
“I’m serious, I’m not kidding, we can only go into closed session if there’s a credible threat of litigation. I was told by his lawyer that there is, but if he’s representing now that he’s not, let’s take that item off the agenda,” Hogin told the Council.
Then Hogin addressed Haynie.
“Unless you want to retract,” Hogin said.
“Norm, is that correct?” asked Mayor Skylar Peak.
“I really, I really don’t want to take away from this award,” Haynie said, adding that the property is being foreclosed upon. He then began to describe his case against the city, but was cut off by an aggressive Hogin.
“That’s not true, and that’s not the question to you. The question to you is, do you intend to sue the city? That’s the question,” Hogin said.
“That’s something my attorney will have to answer,” Haynie replied.
Hogin responded immediately.
“So let’s go ahead and—” Hogin said, but was muted by Peak.
“We’re going to keep with our Item A closed session,” Peak said.
Following the regular agenda items, the council went into closed session to discuss the possible impending lawsuit.
