Newport Brewery sues city

The Newport Beach Brewing Co. is suing the city of Newport Beach and the City Council over changes the city made earlier this year to its operating conditions.

Stephen Miles, an attorney for the Balboa restaurant and bar, filed the lawsuit with Orange County Superior Court Friday, though he said it had yet to be served to the defendants.

In addition to the city and the City Council, the suit names five council members — Ed Selich, Nancy Gardner, Leslie Daigle, Keith Curry and Michael Henn — who voted for the changes in August.

“It essentially challenges the city’s ability to modify the use permit,” Miles said.

The Newport Beach Brewing Co. threatened a lawsuit against the city in September, shortly after the council voted 5-1 to require the restaurant to provide more parking lot security and report information about its food and alcohol sales. Mayor Steve Rosansky, who cast the lone dissenting vote, and Councilman Don Webb, who was absent when the vote was taken, are not named in the suit.

James Markman, an attorney for the city, said Tuesday he had not seen the lawsuit and was not familiar with the issues regarding the Newport Beach Brewing Co.

The troubles with the restaurant began when neighbors complained about Brewing Co. customers fighting, making noise, committing vandalism and even urinating in the parking lot. The City Council ordered the restaurant to cut off liquor sales at 11 p.m. at a March meeting, but had to nullify the decision because it hadn’t given proper public notice of the meeting.

MICHAEL MILLER may be reached at (714) 966-4617 or at [email protected].