Judge Voids Fall Ballot Initiative on Landfill : Weldon Canyon: Jurist calls the measure ‘clearly invalid.’ But project supporters pledge an immediate appeal of the ruling.

A judge struck the Weldon Canyon landfill initiative from the fall ballot Wednesday, calling the measure an “egregious attempt” to grab power from government.

“I thought it was clearly invalid,” retired Appeals Judge Richard W. Abbe said after filing the one-page writ in Ventura County Superior Court. “It was an attempt to award land-use rights to a private company.”

But landfill supporters pledged an immediate appeal of the judge’s ruling in the hope of giving county residents a chance to vote on the controversial project in November.

“We anticipated that we would have a difficult time getting a fair hearing in Ventura County with a rent-a-judge from Santa Barbara County,” said Jim Jevens, a consultant on the Weldon project. “It comes down to a 15-round fight, and we’re going to keep battling.”

Abbe, a retired jurist living in Santa Barbara, was picked for the case only after five Ventura County judges removed themselves or were disqualified. After an initial hearing in July, landfill supporters accused him of bias and tried unsuccessfully to disqualify him.

The proposed landfill has long divided county residents, with the cities of Ojai and Ventura vehemently opposing a dump nearby and east county residents accepting the plan.

A San Diego County partnership, Taconic Resources, decided to capitalize on the split between county residents and to place the issue on the ballot.

When the firm’s spring petition drive drew more than 32,000 signatures, the Ventura County Board of Supervisors said it had little choice but to add the measure to the ballot.

Ojai and Ventura filed suit, asking a judge to declare the measure legally invalid and remove it from the ballot. An Ojai citizens coalition also sought an injunction. And the county joined the cities’ legal challenge.

The opponents pressed the judge to decide the issue before the election--and to leave enough time for appeals before the county prints its ballots in late September for the Nov. 8 election.

Abbe acknowledged Wednesday that it was unusual for a judge to void a ballot measure before the voters have a chance to speak. “But it’s justified when it’s clearly invalid beyond a doubt, and I believe it was,” he said.

“His ruling is exceptional,” said John Nava, an activist with the Coalition to Stop Weldon Canyon Dump. “And it’s only done when something is really, really out of whack or really, really illegal.”

Richard Chase, a Taconic Resources partner, defended his project as sound.

“Technically it’s a good site, and economically it’s a good site. And it has basic political support from the voters across the county, which is obviously why the opposition didn’t want it to go to a vote,” he said.

Chase said he had not yet seen the judge’s ruling, which was filed late Wednesday.

Abbe said he agreed with all the arguments the cities made in their legal briefs and in a daylong hearing Monday.

In a nutshell, opponents argued that the initiative process, created to give power to voters, was being perverted to grant land-use rights to a private firm. They also argued that the measure would create inconsistencies in the county’s zoning and land-use plans.

Even some supporters acknowledged that the novel approach to county planning worried them.

“While I have supported the possibility of Weldon Canyon as a landfill for Ventura County, I have been concerned from the beginning about this initiative measure,” Supervisor Vicky Howard said. “I had serious concerns about the legality, particularly the portion that would rezone the property without the usual procedures by the county.”

Chase, who is trying to use the same approach in San Diego County, said such setbacks are all part of the risky landfill business. “When you get involved in litigation and controversial projects, these things occur,” he said.

But landfill foes hope the legal setbacks will be enough to scare off the project’s financial backers.

“Taconic retains a right of appeal, as well it should, but we’re certain that any investors in this already outdated landfill technology will be treating Taconic like rats on a sinking ship,” said Greg Helms, spokesman for the Environmental Defense Council.

That Santa Barbara group filed suit on behalf of the Ojai citizens coalition.