Judge upholds legality of Measure W
Paul Clinton
Hopes for an airport at El Toro further hit the skids Wednesday as
a Los Angeles County Superior Court judge ruled that Measure W is
proper and legal.
Superior Court Judge Philip Hickok upheld the initiative after
about six hours of oral testimony in Norwalk.
South County leaders who successfully passed Measure W in March
again declared victory, saying an airport at the closed El Toro
Marine Corps Air Station is uncertain at best.
“You’ve got a core contingent in Newport Beach who think they can
resurrect Lazarus,” South County spokeswoman Meg Waters said. “What
part of ‘it’s over’ don’t they understand?”
Members of the Airport Working Group, based in Newport Beach, sued
to overturn the countywide initiative, which passed March 5 with 67%
of the vote. The group joined Citizens for Jobs and the Economy and
the Orange County Regional Airport Authority in the March 18 suit.
They argued that the initiative, which rezoned the base for open
space rather than an airport, was unlawful because it improperly took
planning powers out of the hands of county supervisors and was
inconsistent with Orange County’s general plan.
Leaders of the working group promised to soldier on for the
airport cause.
“Those who write the obituary for [an airport at] El Toro are
premature,” group spokesman Dave Ellis said. “We will be appealing
judge Hickok’s decision.”
The group would need to appeal to a state appellate court, said
attorney Fred Woocher, a co-author of the lawsuit.
Arguments that were not made in the case in front of Hickok could
be revived during an appeal, including a claim that the initiative
was deceptive and unconstitutional.
Also still alive is a lawsuit filed by group leaders against the
Navy’s environmental analysis of Irvine’s open-space plan at the
base.
Historically, judges have been reluctant to overturn initiatives,
since they represent “the will of the voters,” Woocher said.
However, Woocher said questions about whether an airport will be
built at El Toro will probably be decided at a much higher judicial
level.
“It’s particularly tough when judges are reluctant to interfere
with the initiative process,” Woocher said. “As is often the case,
nobody thinks this case will be decided at the trial level.”
* PAUL CLINTON covers the environment and politics. He may be
reached at (949) 764-4330 or by e-mail at paul.clinton@latimes.com.
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