A judge forbade the San Diego City Council Tuesday from taking action on petitions that would force a citywide referendum on plans to build 3,360 homes north of Lake Miramar until after an April 3 court hearing.
Superior Court Judge Kevin Midlam set the hearing date after BCE Development asked him for an injunction to prevent the council from certifying the petitions. BCE is seeking to prevent the referendum from being included on the Sept. 19 primary ballot. BCE’s attorneys argued that the firm will suffer a financial loss if the injunction is not issued.
Midlam was not persuaded by that argument, and responded that BCE is taking a risk anyway by pressing forward with the development. Nevertheless, the judge agreed to postpone a decision on the matter until April 3, when he will allow the developer’s attorneys to present broader arguments in favor of the injunction.
The April date was agreed to by attorneys for BCE and the city.