September 5, 2000 Preservationists lose latest battle Container terminal: Judge dismisses suit, allows amendment. By LINDSAY CHANEY, Staff writer LONG BEACH - So far this week, it's container terminal 2, preservationists 0. A group of eight preservationists led by Long Beach activist Anne Cantrell were dealt their second legal setback of the week Friday on news that Los Angeles Federal District Court Judge Dean D. Pregerson had dismissed their lawsuit attempting to save historic buildings on the now-closed Long Beach Naval Station. But Pregerson left the door open for the preservationists to continue their quest: He allowed them 20 days to correct legal deficiencies in the lawsuit. On Wednesday, a Superior Court judge threw out a complaint by Cantrell and Margherita Underhill, who is also a plaintiff in the federal case, but is also allowing them to amend their filing. The state court lawsuit seeks to stop the conversion of the former naval station and naval shipyard into a container shipping terminal based on alleged violations of due process regarding the California Environmental Quality Act and the Brown Act, which governs public meetings. The federal lawsuit used different legal theories involving the city of Long Beach's duties as trustee of the Tidelands Trust over the property on which the naval station is located. The suit alleged a waste of taxpayer assets and accused the city of taking assets that should be held in trust for the benefit of all Californians. However, Pregerson ruled that the Tidelands Trust - under which Long Beach operates areas of the coast originally covered by high tide waters for the benefit of the general public - allows the city to construct a shipping terminal and he found no evidence that the project would siphon assets away from the general public. Long Beach City Attorney Robert E. Shannon hailed Pregerson's 33-page ruling, calling it "a very well-reasoned opinion ... more like an appellate court ruling." Shannon pointed out that every lawsuit filed against the naval station reuse plan has been dismissed in either federal or state court. "If this was a softball game, they (preservationists) would have lost under the mercy rule," Shannon said. But plaintiff attorney Richard I. Fine said he was actually encouraged by Pregerson's ruling. "If he thought there wasn't a case here, he wouldn't have allowed us leave to amend," Fine said. "He's given us a road map" to constructing a sound legal case. Fine said he would have an amended complaint filed within the 20-day time limit. Fine also represents TV show host Huell Howser, who has both a state and federal case on appeal. Four others cases challenging the cargo container terminal have been filed and litigated, and none has succeeded in blocking the project.