MISSION VIEJO
The city is once again trying to get the lawsuit filed against it by the Lake Mission Viejo Assn. thrown out of court.
The association sued July 1 to challenge the validity of a city ordinance to preserve public views of the lake. The law restricts the height of the landscaping on an 800-foot stretch of association property bordering Alicia Parkway.
On Oct. 6, the city asked the court to have the case dismissed, based on the association’s failure to serve the city with the lawsuit within 90 days of the ordinance being passed.
Superior Court Judge William McDonald denied the city’s request at that time and gave the city 15 days to file an appeal.
That motion, filed Tuesday, asks the state 4th District Court of Appeal to decide whether the city’s request to dismiss the suit should be heard again before proceeding to trial.
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