New Hearing Granted on Suit Against San Clemente Slow-Growth Initiative : REAL ESTATE

In what could be a preview of things to come, an appeals court in Santa Ana recently granted another hearing on a lawsuit against a slow-growth initiative.

The 4th District Court of Appeal agreed to reconsider an appeal against an initiative on the ballot in San Clemente, said a spokesman for Irvine home builder Lusk Co. The initiative is similar to a countywide initiative that only affects unincorporated areas.

But the court set a hearing date of July 13, after the election.

A partnership led by Lusk had asked a lower court and then the appeals court to strike the initiative from the June 7 primary ballot.

The appeals court in April said the builder’s arguments weren’t persuasive enough to justify preventing a public vote on the measure.

At the same time, the court rejected a suit by the Building Industry Assn. of Southern California against the countywide slow-growth initiative.

The BIA decided not to appeal. But the trade association didn’t rule out an appeal after the election, when the courts may be more hospitable to a challenge.

The initiative would link new construction to road capacity. The builders say its provisions are so stringent that they would prevent any new construction.