TUSTIN : Homeowners Appeal Annexation Ruling
A North Tustin homeowners group has appealed a Superior Court ruling upholding Tustin’s controversial annexation of a 7.8-acre strip of property near Newport and Warren avenues.
The appeal was filed last week with the state Court of Appeal, according to Stephen Johnson, attorney for the Foothill Communities Assn.
The group claims that Tustin’s 1989 annexation of the property was improper because it did not meet state requirements.
State law requires that for an area to be annexed, a contiguous, or adjacent, parcel must be at least 300 feet long by 200 feet wide. Johnson and FCA officials argue that this annexation does not qualify because the land is not 200 feet wide at all points.
City and county attorneys have argued that only some part of the strip need be 200 feet wide.
William Weber, president of FCA, said group leaders are concerned that if the annexation is allowed to stand, it could set a precedent for Tustin to annex narrow strips of land, possibly annexing sidewalk areas along Newport Avenue until it reaches developable property near 17th Street.
FCA members have also opposed Tustin’s changes to zoning standards that allow higher buildings and reduced setbacks than those required under county regulations.
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