Judge throws out 49ers stadium lawsuit

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April 6, 2010

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SANTA CLARA, California: An attempt by Deborah Bress, a former Santa Clara mayoral candidate, to block the proposed 49ers stadium ballot measure has failed in Santa Clara County Superior Court. On April 5, 2010, Santa Clara County Superior Court Judge Mark Pierce dismissed the lawsuit filed by Bress, stating that Bress did not provide evidence sufficient enough to show that the ballot language would mislead voters, as claimed.[1]

Deborah Bress filed the lawsuit during March 2010, claiming that the city attorney's analysis of Measure J was biased and understated the city's financial contributions to the proposed stadium project. According to Bress's lawsuit, "The total for Santa Clara as a direct subsidy for the stadium is $114 million, without bond and loan interest. This number should appear in the ‘impartial analysis.’” The purpose of the filed lawsuit was to completely remove Measure J from the June ballot, or at least have the city change the title and ballot language. Deputy City Manager Carol McCarthy, who is the city's attorney, stated at the time the lawsuit was filed, "The city does not believe that the suit has merit."[2]

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