County of San Luis Obispo Dalidio Ranch Initiative, Measure J (November 2006)

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The San Luis Obispo Dalidio Ranch Initiative, Measure J was on the November 7, 2006 ballot in San Luis Obispo County, for all voters in the county, where it was approved.

Measure J amended the land use plan of San Luis Obispo County in support of the Dalidio Ranch project, the objective of which is to develop the San Luis Obispo Marketplace on a 131-acre site along Highway 101.[1]

The Dalidio Ranch project, if it moves forward, involves developing 530,000 square feet of retail space, a hotel, a business park, soccer fields and housing.

  • Yes: 60,684 (64.56%) Approveda
  • No: 33,313 (35.44%)

In October 2009, the California Supreme Court declined to hear an appeal from Measure J opponents on a lawsuit that opponents filed immediately after voters approved the measure. As a result, the Dalidio Ranch development is set to move forward, three years after voters approved it.[2]

Lawsuits

Measure J overturned

Immediately after the Dalidio Project won approval from the county's voters, two environmental groups -- Citizens for Planning Responsibly and Environmental Center of San Luis Obispo County —- filed a lawsuit to stop it. Their legal claim was that the subject matter discussed in Measure J is not allowed as a proper subject for the initiative process.

In February 2008, Judge Roger Picquet ruled in their favor, saying, "Measure J is not a proper subject for an initiative...The ability of the people of San Luis Obispo County to use the initiative to enact legislation is an extremely important constitutional right. Nonetheless it is not unlimited.” [3]

Backers of Measure J appealed Picquet's decision to California's Second Court of Appeals.

Measure J re-instated

In August 2009, the appellate court re-instated Measure J, overturning the decision of the lower court. The higher court said, "… our review of this appeal is also strictly circumscribed by the long-established rule of according extraordinarily broad deference to the electorate’s power to enact laws by initiative. The state constitutional right of initiative or referendum is ‘one of the most precious rights of democratic process.’ These powers are reserved to the people, not granted to them. Thus, it is our duty to ‘jealously guard’ these powers.”[3]

The appeals court also ruled that Citizens for Planning Responsibility and the Environmental Center of San Luis Obispo must pay the legal costs that have been incurred by those who have been defending Measure J in the courts against their lawsuit.[3]

Appeal denied

Citizens for Planning Responsibly appealed the Second Court of Appeals' decision to re-instate Measure J to the California Supreme Court, which denied their petition. According to attorney James McKiernan, Measure J now has "a permanent green light". [4]

External links

References

  1. Pacific Coast Business Times, "Dalidio Project Wins Measure J Victory", August 4, 2009
  2. IStockAnalyst, "Dalidio Foes Say Court Set a Bad Precedent: They Say a Standard Has Been Set for Ignoring Planning Rules", October 17, 2009
  3. 3.0 3.1 3.2 The Tribune of San Luis Obispo, "Appeals court OKs Dalidio’s Measure J", August 4, 2009
  4. KSBY Action News "California Supreme Court sides with Dalidio in Measure J battle", October 14, 2009