Countywide : Ruling Lends Strength to Airport Measure

In a ruling that strengthens the validity of a county ballot measure on the future of El Toro Marine Corps Air Station, the California Supreme Court on Monday upheld the electorate’s right to amend a county General Plan by the initiative process.

In a 5-2 vote, the court held in DeVita vs. County of Napa that voters are, with few exceptions, the “ultimate” authority in determining local planning matters.

The decision was hailed by Orange County supporters of the voter-approved Measure A, which would change the county General Plan to allow a commercial airport at the El Toro Marine Corps Air Station.

“It’s good news,” said Garden Grove Councilman Mark Leyes, who serves on a citizens’ committee that advises the Board of Supervisors on the use of the Marine base. “This takes the wind out of the sails of the opposition. I don’t think they have a leg to stand on now.”

Opponents, however, viewed the court’s ruling as a minor setback. A group of South County cities already has notified the county of their intention to overturn the controversial measure on other grounds.

“Of course we are disappointed,” said Jerry Patterson, city attorney for Lake Forest, one of eight cities intending to file suit by month’s end. “But that wasn’t our strongest case against Measure A anyway.”

Opponents argue that the measure should be invalidated because it does not address related issues such as transportation and noise.

The other cities joining in the litigation are: Irvine, Mission Viejo, Laguna Hills, Laguna Niguel, Dana Point, Laguna Beach and San Juan Capistrano, Patterson said.