Oceanside Seeks End to Builders’ Suit

The Oceanside city attorney has asked the California state appellate court to dismiss a 3-year-old lawsuit challenging its growth-control law, calling the suit filed by area developers “a fraud” and “a waste of the taxpayers’ money.”

In a 35-page writ filed Thursday in San Diego’s 4th District Court of Appeal, the city claimed that the money it would spend defending the suit would be better spent on roads, law enforcement and other civic needs.

In August, Vista Superior Court Judge Herbert B. Hoffman upheld a key part of the suit filed on behalf of the Building Industry Assn. Other segments of the suit are still being litigated.

Oceanside’s appeal asks the higher court to overturn Hoffman’s ruling against the city. “The case is a fraud, and should not go any further,” stated a city press release on the appeal.

At issue is the city’s Proposition A growth initiative, passed by voters in April 1987, which limits the city to issuing 800 building permits a year through 1999.

Developers argue that the law prohibits them from building enough low-income housing in Oceanside, which they claim is required by state law.

“The building industry is hiding its profit motives behind low-income housing,” the city’s release stated. “It has demonstrated no interest in helping us build low-income housing.”

The city’s petition contends that Hoffman erred in interpreting state law on low-cost housing construction. “The court has turned state affordable housing policies upside down,” the press release said. “We hope the court of appeal will help us stop this waste of taxpayers’ funds.”

Oceanside has already spent $1.5 million defending the suit.