OCEANSIDE -- Westfield, the owner of a nearly 40-year-old Carlsbad mall, has sued the city of Oceanside to block a competitor from building a 92-acre shopping center.
Westfield contends in its lawsuit that Oceanside, in its haste to make money, did a "rushed and cursory" review of the project's environmental effects. It wants the court to overturn the City Council's approval.
Developer Thomas Enterprises of Georgia plans to build the shopping center, called the Pavilion, at the former home of the Valley Drive-In theaters, near Highway 76 and Foussat Road. The project would include a movie theater, health club, restaurants, big-box stores and a central plaza.
Westfield, which owns the 90-acre Plaza Camino Real mall a few miles south in Carlsbad, filed its 22-page petition Thursday in Superior Court. The company says its tenants, patrons and employees could be affected if the Pavilion alters air quality, noise or traffic.
Oceanside City Attorney John Mullen declined to comment on the lawsuit. So did Thomas Enterprises Vice President Mel Kuhnel.
"We have not read it or analyzed it," Kuhnel said. "We really don't know what the effect of it is."
The Pavilion would be the largest shopping center in Oceanside. Officials estimate it would create 2,800 jobs and generate $3.8 million annually in tax revenues for the city.
The litigation wasn't a surprise. Westfield's attorney made similar objections when the City Council approved the shopping center Nov. 19.
Oceanside officials have said the company appears fearful of losing customers.
"Westfield is doing everything it can to delay this project," Councilman Jerry Kern said.
The lawsuit claims that Oceanside made numerous errors in its analysis of the project, such as underestimating its possibly harmful effects on traffic, air quality, noise, water quality and air traffic. The city also should have required the developer to build a multimillion-dollar extension of Pala Road, from Foussat Road to Los Arbolitos Boulevard, the lawsuit states.
The center is expected to create more than 30,000 vehicle trips per day.
Westfield's attorney, Robert Pontelle, did not return a call for comment Tuesday.
The Australian company owns shopping centers throughout the world, including several in San Diego County. Plaza Camino Real was built in phases starting in 1969, and has about 150 stores.
Thomas Enterprises built The Forum shopping center in Carlsbad's upscale La Costa neighborhood.
Even before Westfield's lawsuit, it was unclear when the Pavilion would take shape. Kuhnel has said much will depend on the economy.
In the near term, the property will continue to be used for a weekend swap meet.
Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.
