HUNTINGTON BEACH, CA – Former Huntington Beach Mayor Constance Boardman and Former Huntington Beach Planning Commissioner Mark Bixby are filing an application with the Orange County Superior Court to enjoin the City from implementing the $7 Million settlement in the Pacific Airshow litigation.
Boardman and Bixby will seek to file a taxpayer action alleging that the Airshow Settlement is an unlawful gift of public funds. Section 526a of the Code of Civil Procedure allows a resident taxpayer to file suit to enjoin a waster of public funds.
The complaint by Boardman and Bixby alleges that the lawsuit, filed in October by Pacific Airshow LLC, is wholly without merit. Even the City recognized that the Airshow Litigation was without merit, as it filed a detailed demurrer (i.e. motion to dismiss) which demonstrates the fatal flaws in Pacific Airshow’s case against the City. But instead of defending the action City Attorney Michael E. Gates and Mayor Tony Strickland announced a settlement on May 9, 2023. But because Pacific Airshow’s claims against the City are wholly without merit, the settlement is without value, and the $7 million settlement by the City is an unlawful gift of public funds.
The City has still refused to release the terms of the settlement agreement.
Plaintiff Constance Boardman issued the following statement:
“In the eight years I served on the Huntington Beach City Council, I never saw a case where the City settled before the Judge even ruled on the City’s motion to dismiss. It is particularly egregious here, where it is clear that the City is not responsible for cancelling the airshow; the oil spill caused the cancellation. The City should not be paying for this outrageous and secret settlement.”
Plaintiff Mark Bixby issued the following statement:
“As a Huntington Beach resident and taxpayer, I’ve been paying close attention to city hall for more than 20 years and this is the most outrageous abuse of taxpayer dollars that I have ever seen. The City could have easily defended against the airshow operator’s lawsuit over cancellation due to the oil spill, but instead chose to settle without a fight by paying millions of dollars to a close political supporter of the city council majority and the city attorney. This cannot be allowed to stand.”
A copy of the complaint that Boardman and Bixby will seek to file is attached. The matter will be heard on Friday, June 30, at 8:30 a.m. in Department C-32 of the Orange County Superior Court before Hon. Walter Schwarm. Proceedings can be viewed on Zoom via the Court’s website at: https://www.occourts.org/media-relations/aci.html