Court Refuses to Hear Malibu Cityhood Appeal

In a boost to Malibu cityhood supporters, a state appellate court on Wednesday refused to hear an appeal by county officials challenging the authority of a judge who has ordered the Board of Supervisors to set a June incorporation election by Friday.

Superior Court Judge Dzintra Janavs last week ordered the supervisors to comply with her January order that the county set the election. However, on Tuesday the supervisors ignored the order and had county lawyers ask the state Court of Appeal to overrule Janavs, contending that she did not have jurisdiction.

Graham Ritchie, a lawyer for incorporation backers, said that he plans Monday to ask Janavs to cite the supervisors for contempt if they have not set the election. The judge is out of town this week.

Ordinarily, Friday would be the last date supervisors could set the election and have the cityhood vote included on the June 5 ballot. However, Ritchie said he will ask Janavs to make an exception.