The State : Slow-Growth Measure Upset

An Orange County judge ruled unconstitutional a slow-growth measure approved by San Juan Capistrano voters in November that would have banned major new developments. Superior Court Judge William F. McDonald found that the city’s Measure X--virtually identical to a countywide initiative that failed in June--placed an unfair burden on future developers to correct problems with traffic, sewer and other public works caused by previous developments. “This means that the slow-growthers will finally have to recognize the limitations that the Constitution and state law put on their ability to restrain development,” said Jeffrey Thomas, an attorney for developers. Leaders of the slow-growth movement, frustrated by what they said was the judge’s misinterpretation of the ordinance, say they now will be forced to seek new options for slowing development. Among those options, they said, could be case-by-case referendums on major projects.