February 16, 2006

Motion aims to block lawsuit against initiative

In the ongoing Indian gaming saga, attorneys for former councilman Manuel Gurule and a citizens group have filed a notice in attempts to throw out a lawsuit aimed at blocking a casino initiative.

The motion, filed in San Bernardino County Superior Court, lists various reasons for dismissing the lawsuit, including an argument that a review of the initiative should take place after the election.

"Due to the deadlines necessary for printing and circulating ballot materials, courts have little time to examine, digest, and rule on pre-election challenges to initiative measures, and appellate review of the trial courts' decisions are rarely possible. A rush to judgment under the pressure of the ballot deadlines creates the possibility of an erroneous decision that would deprive voters of their constitutional right to adopt or reject an initiative measure as a matter of public policy," according to court papers filed earlier this month in the Barstow courthouse.

Gurule, the architect behind the casino initiative, maintains that the Los Coyotes tribe, along with developer BarWest LLC, are trying to prevent residents from expressing themselves.

Posted by Randy Riddle at February 16, 2006 09:36 AM