Builders Group Sues Moorpark Over Cap on Construction

A building-industry trade group filed a lawsuit Wednesday against the city of Moorpark that seeks to repeal a month-old, growth-control ordinance that places a yearly cap on new home construction.

The lawsuit, filed by the Building Industry Assn. of Southern California in Ventura County Superior Court, alleges that the Moorpark ordinance limiting new building permits to 250 a year violates state laws requiring cities to provide an adequate supply of housing, said Stanley E. Cohen, an attorney representing the group.

In addition, Cohen said, the suit asks the city to show proof that the ordinance is necessary to “protect the health, safety and welfare” of local residents.

“When you have a slow-growth ordinance in a city, it puts growth pressures on surrounding areas outside the city and results in the inability to meet housing needs,” Cohen said.

No Damages Sought

The association is not seeking damages but asks the court to prohibit Moorpark from limiting the number of building permits.

The arguments against the ordinance are identical to those used in a lawsuit filed by the Building Industry Assn. in 1981 against Camarillo’s growth-control ordinance, Cohen said. That suit is expected to reach trial next year.

The Moorpark ordinance, an initiative known as Measure F, was approved by voters in November. It was put on the ballot by a group called the Committee for Managed Growth and was modeled after the 1980 Camarillo growth-control ordinance.

Voters selected Measure F over a competing ballot measure that would have allowed an average of 411 building permits a year.

Moorpark City Councilman Clint Harper, elected in November and a member of the group which created Measure F, said that the city will be able to defend the ordinance on the basis of traffic congestion and other growth-related problems.

“I feel it will be upheld in court without too much problem,” Harper said.