Tustin : Homeowners’ Suit Seeks to Void Annexation

A group of homeowners opposed to Tustin’s plans to annex about one square mile of a largely residential area near Newport Avenue and Irvine Boulevard filed a lawsuit Friday in Orange County Superior Court alleging that the city acted illegally.

The North Tustin Homeowners Corp. said it has collected signatures from 58% of the residents in the affected area, saying that they oppose becoming part of the city.

According to the suit, the city council approved the annexation June 22, despite a declaration by the county Registrar of Voters that the petitions opposing annexation contain valid signatures of 1,310 residents, or 58% of registered voters in the area. The group is seeking a court order voiding the decision to annex the area.

During the meeting, at which there was a large crowd, mostly hostile to annexation, some residents characterized the move as high-handed bid to seize ground for Tustin. The council voted, 3 to 2, to proceed with the annexation.

A special election has been scheduled for Nov. 3, when residents of the area are to have an opportunity to vote on the proposal. The lawsuit alleges that the election should not be held because the petitions already mean that Tustin’s attempt to proceed with the annexation is void.