LAGUNA BEACH

The president of the Laguna Beach Surfrider Foundation is appealing a judge’s decision to dismiss his lawsuit against the Moulton Niguel and South Coast County water districts concerning a sewage spill into Aliso Creek.

Briggs Christian “Corky” Morris-Smith sued the water districts after he became sick, allegedly from swimming and surfing in an area contaminated by a 440,000-gallon spill of raw sewage in 1997.

According to the appeal, the spill was the equivalent of 100,000 household toilet flushes. Concurrently, the two districts are appealing the denial of a request to recover legal fees from Morris-Smith, who filed the suit under the Clean Water Act.

The districts’ motion for more than $300,000 in legal fees based on the claim that the lawsuit was frivolous already has been denied by a lower court.