Case for Derailed Project Argued in Appeals Court

The developer of the proposed Hidden Creek Ranch housing project in Moorpark returned to court Monday seeking to invalidate a voter-approved referendum that halted a decade-long effort to build the embattled project.

Appearing before the 2nd Appellate District Court in Ventura, attorney Wendy Lascher--representing Costa Mesa-based Messenger Investment Co.--argued that the ballot measure was fatally flawed when approved by voters in January.

The referendum overturned the City Council’s approval of the Hidden Creek project, which would have added 3,221 homes to the city and boosted its population by one-third over the next 20 years.

But Lascher argued that the referendum failed to tell voters that by repealing the development agreement they would also invalidate a General Plan amendment and specific plan approvals granted for the project. She said the referendum also failed to provide the exact text of the ordinance it sought to repeal.

Messenger Investment sued the city last fall, arguing that the measure violated state land-use laws and should be removed from the ballot. Superior Court Judge Thomas J. Hutchins disagreed and allowed the referendum to appear before Moorpark voters Jan. 12.

In addition to overturning the council’s approval of Hidden Creek, voters adopted the Save Open Space and Agricultural Resources initiative, which prevents the city from growing beyond designated borders without a vote of the people.

Richard Francis, co-author of the twin initiatives, told the judges Monday that the referendum was in compliance with state law. And he said Messenger’s lawsuit is moot, since it seeks to strike down a referendum that has since won voter approval.

The appellate judges are expected to render a decision in coming weeks.