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IRVINE : City Lawsuit Against Referendum Delayed

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The city’s lawsuit to nullify an anti-development referendum petition was delayed Monday after a judge transferred the case to another court and agreed to accept more written arguments.

The case was transferred by Superior Court Judge David H. Brickner in Santa Ana to Superior Court Judge Mason L. Fenton at West Municipal Court in Westminster for an eventual trial.

Fenton is expected to set the trial date today, said James Toledano, an attorney for Irvine Citizens Against Overdevelopment.

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The city is suing the group over its petition to force a vote on the 2,885-home Northwood 5 community that would replace citrus groves just north of Hicks Canyon Wash.

The City Council approved the homes in November.

Irvine Citizens Against Overdevelopment collected enough signatures that would normally have forced the council to overturn the project or put it on the ballot.

But the City Council challenged the anti-development referendum on a legal technicality and sued the group to determine whether the referendum is legal.

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