A Superior Court judge on Friday denied Keep the Barham Ramp Association’s request for an injunction to halt the permanent closure of a Hollywood (101) Freeway offramp because an appeal regarding the same ramp is still pending, and said “claim splitting” is not allowed.

“Once again we lost on a very narrow technical ruling but the merits still stand,” said John P. Strozdas, president of Keep the Barham Ramp Association (KTBRA).

Construction equipment stands idle on Wednesday where the Barham offramp used to be. Last Friday, a judge denied an injunction to halt the work. (photo by Edwin Folven)

The ramp’s closure is part of NBCUniversal’s $2 billion Evolution Plan – approved by the city and county – to expand the theme park. The construction on the offramp, which is nearly complete, was originally planned to start next spring. But in October, NBCUniversal announced that construction was ahead of schedule on a new southbound onramp at Universal Studios Boulevard that is followed directly by the Barham offramp. The California Department of Transportation (Caltrans) determined more than a year ago that the Barham ramp would need to close because of its proximity to the new onramp.

Strozdas, a resident of the Hollywood Hills, asked the court for a preliminary injunction restraining the permanent closure. He claims the issue is that Caltrans had a constitutional duty to first hear and consider public input before deciding to permanently close the Barham Ramp.

The decision to deny comes after a previous ruling on a different attempt by KTBRA to challenge the closure. The judge said the new lawsuit is “claim splitting,” which deprives the court of jurisdiction on the new lawsuit.

“It is time for KTBRA to recognize that the decisions to approve the new Universal Studios Boulevard southbound onramp and the closure of the Barham Boulevard southbound offramp were in full accordance of the law and to dismiss their appeal of their original lawsuit, which they lost,” NBCUniversal representatives said in a statement.

NBCUniversal argued that because the offramp’s asphalt and concrete roadway has been demolished, its overhead freeway signs have been removed and concrete barricades now completely line the part of the freeway where the offramp used to be, the issue is moot.

“Reopening the ramp would require Caltrans and NBCUniversal to undertake months of effort, including new engineering, design work, construction work, government approvals and millions of dollars. It is simply too late for petitioners to get a second bite of the apple,” NBCUniversal’s attorneys argued.

KTBRA claims Caltrans participated in NBCUniversal’s concealment “scheme” because they excused a separate public participation process and notice of the closure.

“The group wants a public process right now,” the lawsuit read.

Citing minutes from Caltrans meetings in 2010 and 2011, KTBRA claims NBCUniversal lobbied and participated in Caltran’s decision to close the ramp despite acknowledgeing of public concerns. He said the two parties reached a secret agreement that entailed Caltrans forgoing a cumulative review that included the Barham ramp closure.

Caltrans responded that the ramp projects will significantly improve the transportation system in the area, and that the Barham ramp is “substandard.” Caltrans also required the closure because it suffers from a greater than average collision rate. They add that it must be closed now to avoid safety risks to workers and motorists during the final phase of construction.

KTBRA claims the ramp closure materially diminishes the property value of the homes of nearby residents.

“The permanent closure of the Barham Ramp will have profound and lasting impact on my home and my family,” Strozdas said in the lawsuit. “We have been forced to change our daily commute patterns, shopping patterns and are cognizant of the diminished life safety and security due to increased response times by emergency personnel … There is no way that closing a freeway ramp without replacement, creating a 2.5 mile gap on the freeway with no exit, will not increase response time.”

Caltrans said the opposite.

“There is no irreparable harm to the petitioners or to anyone else,” Caltrans attorneys said in their arguments. “Petitioners are a relatively small group of people who use that under-utilized offramp and who feel that they will be inconvenienced by having to use a different offramp less than one mile away. … The Barham ramp is not widely used and vital as petitioners allege. It has hourly volumes of 111 vehicles in the peak morning hour and 161 vehicles in the peak afternoon.”

Strozdas reported that there are 75 dues-paying members of KTBRA and 2,653 individuals have signed the petition opposing he closing. On Oct. 14, 75 people showed up on short notice at Yamashiro restaurant to discuss tactics in response to Universal’s announced closure.

“The community is, in fact, united in its opposition to the closure,” Strozdas claimed.

Strozdas said KTBRA is still deciding whether to appeal Friday’s decision.

NBCUniversal said construction will be complete by the end of the year. Representatives said NBCUniversal looks forward to putting the issue behind them and continuing to work the neighbors to bring improvements that the community requested.

“The new southbound onramp to the 101 Freeway is about a month away from completion and will take 70 percent of Universal Studios traffic off city streets,” representatives said in a statement.

Due to the pending appeal, Caltrans representatives and lawyers declined opportunity to specifically comment about matters related to the litigations.