September 20, 2006

"Judge lets Prop. J remain on ballot"

"A Superior Court judge yesterday rejected the city of Coronado's request to have a citizens initiative to reduce residential density taken off November's ballot, saying it would be best to let voters decide.

Coronado filed a lawsuit Aug. 28 to remove Proposition J from the Nov. 7 ballot or to delete parts it considers “illegal and unenforceable.” The city argues that the measure, which asks voters to increase the minimum lot size on which single-family homes can be built in certain areas of the city, violates state law.

Judge Ronald S. Prager ruled yesterday during an emergency hearing that it was “already too late” for the county Registrar of Voters to modify the ballot measure by deleting parts of it. His ruling did not consider whether there were potential problems with the ballot initiative.

The judge said his only other “rather drastic” option in the city's “11th-hour” request would be to remove the initiative from the ballot. He said there was an “absence of clear and convincing evidence” presented yesterday that the initiative was invalid.

“The best thing to do is to allow the voters of Coronado to decide,” Prager said.

If voters reject the measure, the matter will end Nov. 7. However, if it passes, the matter likely will end up in court, where Prager said it will get a “much more deliberate and careful” review by both sides.

Hilda Mendoza, the attorney representing the city, said Coronado officials will discuss the situation before deciding their next step."

The story is here.

Posted by Randy Riddle at September 20, 2006 10:54 AM