Airport Foes File Appeal on Reversal of Measure F

South County foes of an international airport at the closed El Toro Marine base on Friday appealed a judge’s December ruling that invalidated an anti-airport ballot measure.

The nine-city El Toro Reuse Planning Authority asked the 4th District Court of Appeal in Santa Ana to overturn Los Angeles County Judge S. James Otero’s ruling that Measure F, approved by 67% of county voters in March, was unconstitutional and violated state law.

Richard Jacobs, an attorney representing the anti-airport cities, called Otero’s ruling “as wrong as wrong can be. I feel quite confident we will win on the appeal.”

Pro-airport spokesman Bruce Nestande, with Citizens for Jobs and the Economy, said the appeal was expected, as was Jacobs’ statement.

“The losing side always says they’ll win on appeal,” Nestande said. “We feel it was a flawed initiative and the trial court’s opinion will be upheld.”

Otero ruled Dec. 10 that Measure F was “fundamentally flawed” because it usurped the Orange County government’s authority.

The measure would require approval by two-thirds of voters before the county could build airport projects, large jails near homes or hazardous-waste landfills.

Otero wrote that airports, jails and hazardous-waste landfills are essential responsibilities of local governments.

The case was heard in Los Angeles after Orange County judges recused themselves.