State Court Won’t Rush Appeal of Measure F Ruling
A state court has denied a request by anti-El Toro airport forces for an expedited appeal of a judge’s decision in December to overturn last year’s Measure F.
The measure, passed by 67% of voters, required two-thirds voter approval before county government could build new airport projects, large jails near homes and hazardous-waste landfills.
The judge tossed out the measure on grounds that it was unconstitutional.
The 4th District Court of Appeal on Monday denied a motion to speed up the process.
The justices gave pro-airport attorneys 90 days to file court papers after ETRPA files its opening brief.
That would push back a court hearing date--and ultimate decision--into next year.
Anti-airport attorneys argued that the appeal would be “meaningless” if county officials approve the airport as planned this fall and obtain the base property from the Navy before the court acts.
Anti-airport forces hoped to have a ruling on the appeal by September, about the time the Board of Supervisors plans to take its final vote on El Toro’s fate. Airport foes also are pushing for a March 2002 ballot initiative that would repeal the airport’s 1994 voter approval.
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