Oceanside

In the first legal test of Oceanside’s tough new slow-growth law, a Chula Vista development firm Wednesday filed a lawsuit asking that it be exempted from the strict cap on annual housing construction.

Robinhood Homes Inc., which is planning a 300-acre residential project on the southeast side of the city, filed the legal action at Superior Court in Vista.

The lawsuit asks for more than $12 million from the city, arguing that imposition of Proposition A, the slow-growth measure approved by Oceanside voters April 21, effectively scuttles the firm’s project.

With the new law in place, the construction company contends, it will be unable to build homes planned for the project at a fast enough clip to recover costs for public improvements it has already financed. Robinhood Homes began grading its project last year, and has completed many of the streets and other public facilities.

Moreover, the legal action requests that the 1,200-unit development be allowed to circumvent the new law, which limits construction of new homes to 1,000 in 1987 and 800 in each subsequent year through 1999.

The firm contends in its lawsuit that the city cannot prove that Proposition A, which supporters said was needed to slow growth so the burden on public services would be eased, is necessary for “the protection of the public health, safety or welfare” of city residents.

It also alleges that the new law is “arbitrary and capricious” because it fails to exempt projects, such as the one planned by Robinhood Homes, that have already provided public improvements such as roads and sewers.

Oceanside legal officials could not be reached for comment on the lawsuit.