IRVINE : Ruling Backs City’s Northwood 5 Action

An appeals court ruled Thursday in favor of the city in a long-running legal battle with a citizens group over a planned 2,800-home development known as Northwood 5.

The court found that the City Council acted properly in 1990 when it refused to place the development’s fate in the hands of voters, as Irvine Citizens Against Overdevelopment had sought.

The group had collected signatures for such a referendum after the City Council approved the project, which is located just outside Irvine’s city limits on county land.

Thursday’s decision won’t have a direct impact on Northwood 5 because the Irvine Co. has decided to process the development through the county instead of the city. Building has not begun on Northwood 5, but some grading on the property may begin within the next year.

Irvine Citizens Against Overdevelopment criticized the size and scope of the project, claiming it would be too dense. They demanded that the City Council rescind its approval of the project and place a measure on the ballot.

The city sued the group, arguing that it was “not appropriate” for the development to be decided in an election. By suing the group, the city sought a legal opinion that reinforced its position.

City Manager Paul O. Brady Jr. said the ruling shows that the city’s actions were “proper and consistent with state planning laws.”

Jim Toledano, an attorney for Irvine Citizens Against Overdevelopment, said he might ask the court to reconsider the ruling. He didn’t rule out appealing the case to the California Supreme Court.

The appeals court Thursday also ordered that the group pay some of the city’s court costs.

A Superior Court judge ruled in favor of the city in 1992, but group members appealed the case.