Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Eight-Year Saga of Port's Phantom $21 Million for Ballpark Finally Ends. It's a Tale of Typical San Diego Deceit

Judge William R. Nevitt, Jr. has ruled that former port commissioner Harvey Furgatch is entitled to attorney fees and statutory costs of $683,000 in his long-running lawsuit showing that the $21 million that the port district suddenly came up with in October of 1998 to fill a hole in ballpark financing was illegal. The City paid $309,000 in August, taking money from Centre City Development Corp. to cover it. The port paid the rest in August. It's a story of typical San Diego corruption and the courts' and governments' attempts to cover it up. On October 20 of 1998, three weeks before the vote on the ballpark, David Malcolm, then port chairman, and Susan Golding, then mayor, announced that the port would provide $21 million for the ballpark. (There had been a hole that large in the financing package.) Furgatch knew it was fraud. There had been no announced port meeting. He sued on two grounds, and showed that the port clearly had held an unannounced, closed-session meeting to discuss the ballpark gift. Two Superior Court judges, Linda Quinn and S. Charles Wickersham, threw out the suits on grounds that appellate courts subsequently knocked down. In the Wickersham suit, the appeals court got rather testy, lecturing the judge on how to handle such a suit. Finally, it went to a third judge. Furgatch's attorney Stan Zubel showed clearly that the $21 million gift violated port district and tidelands law. Just before the judge was to decide, the City and port backed out of the deal. "They knew the judge would rule against them," says Zubel. Then Furgatch attempted to recover his costs. Witness after witness got up and swore that Furgatch's case had had nothing to do with the City and the port backing out just before a decision was to be made. But Nevitt saw through the claims; he ruled that Furgatch's case was clearly a catalyst in the City's and port's pullout. A few years after he announced the phantom $21 million, David Malcolm pleaded guilty to felony conflict of interest for taking $20,000 a month from a port tenant while he was a commissioner.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Big swordfish, big marlin, and big money

Trout opener at Santee Lakes

Judge William R. Nevitt, Jr. has ruled that former port commissioner Harvey Furgatch is entitled to attorney fees and statutory costs of $683,000 in his long-running lawsuit showing that the $21 million that the port district suddenly came up with in October of 1998 to fill a hole in ballpark financing was illegal. The City paid $309,000 in August, taking money from Centre City Development Corp. to cover it. The port paid the rest in August. It's a story of typical San Diego corruption and the courts' and governments' attempts to cover it up. On October 20 of 1998, three weeks before the vote on the ballpark, David Malcolm, then port chairman, and Susan Golding, then mayor, announced that the port would provide $21 million for the ballpark. (There had been a hole that large in the financing package.) Furgatch knew it was fraud. There had been no announced port meeting. He sued on two grounds, and showed that the port clearly had held an unannounced, closed-session meeting to discuss the ballpark gift. Two Superior Court judges, Linda Quinn and S. Charles Wickersham, threw out the suits on grounds that appellate courts subsequently knocked down. In the Wickersham suit, the appeals court got rather testy, lecturing the judge on how to handle such a suit. Finally, it went to a third judge. Furgatch's attorney Stan Zubel showed clearly that the $21 million gift violated port district and tidelands law. Just before the judge was to decide, the City and port backed out of the deal. "They knew the judge would rule against them," says Zubel. Then Furgatch attempted to recover his costs. Witness after witness got up and swore that Furgatch's case had had nothing to do with the City and the port backing out just before a decision was to be made. But Nevitt saw through the claims; he ruled that Furgatch's case was clearly a catalyst in the City's and port's pullout. A few years after he announced the phantom $21 million, David Malcolm pleaded guilty to felony conflict of interest for taking $20,000 a month from a port tenant while he was a commissioner.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

The nepotism case that won't die

Cousin of ousted port commissioner checks in regarding son's lifeguard proceeds
Next Article

Moores, Cronies to Pay about $55 Million in Peregrine Settlement

Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader