May 02, 2006

Effect of Padilla en banc review on the Monterey case

"Another twist in legal wrangling over bilingual election materials and voter petitions is being studied like tea leaves by opposing camps in Monterey County land-use battles.

On Monday, the leading opponent of the Butterfly Village development in Rancho San Juan north of Salinas said an order last week by a federal appeals court could clear the way for the project to go before county voters in November.

"It's certainly encouraging," said Julie Engell, chairwoman of the Rancho San Juan Opposition Coalition, which has spearheaded two ballot measures to defeat county-approved growth plans.

She was upbeat about an order last week by the U.S. 9th Circuit Court of Appeals that federal courts should disregard a controversial ruling that earlier blocked an Orange County recall election because petitions weren't circulated in both English and Spanish.

That decision -- known as Padilla vs. Lever -- provided the key legal ammunition for the county Board of Supervisors to block the latest Rancho San Juan referendum from the June ballot. It also was the cornerstone for a federal district judge to prevent the controversial, slow-growth General Plan Initiative from going on the ballot.

Now the entire 9th Circuit Court, in a proceeding known as "en banc," will reconsider the Padilla ruling, which has created widespread confusion over voter petitions since it was handed down last fall.

"That indicates to us that some of the judges have serious concerns about Padilla," Engell said.

Two suits over the Rancho San Juan referendum are pending in U.S. District Court in San Jose. They would be greatly affected by any change in the earlier Padilla ruling.

But Lee Blankenship, assistant county counsel, said the federal appeals court order against citing the Padilla ruling doesn't necessarily mean the court is leaning toward reversing the decision.

"A number of people around the state are putting a variety of spins on things," Blankenship said. "It's not entirely clear what it all means, except the court has decided to rehear Padilla.

Posted by Randy Riddle at May 2, 2006 06:21 AM