Anti-El Toro group files appeal

Paul Clinton

NEWPORT-MESA -- Measure F backers filed an appeal Friday of a judge’s

ruling that the anti-El Toro initiative was invalid, and they vowed to

fight until it is reinstated.

The El Toro Reuse Planning Authority, the initiative’s chief

proponent, filed the appeal with the 4th District Court of Appeal in

Santa Ana.

Authority spokeswoman Meg Waters said she was confident the appeal

would succeed.

“If the judge follows the law, we’re in very good shape,” Waters said.

“If they stick to the law and stick to the facts, we have nothing to

worry about.”

Los Angeles Superior Court Judge James Otero tossed the measure out

last month, following lawsuits by Newport Beach and the Airport Working

Group challenging its constitutionality. The initiative, which passed in

March with 67% voter approval, would have required a countywide vote by a

two-thirds margin for any new airport, jail or landfill.

Those in the Airport Working Group weren’t surprised by the move, the

latest in the South County-North County duel over the county’s plan to

install a commercial airport at the shuttered El Toro Marine base, which

was tapped for closure in 1993 by the Department of Defense.

“They’ve appealed everything and lost everything since 1994,” group

spokesman David Ellis said. “We expected it.”

The planning authority was required to file its appeal in Orange

County. Otero was brought in by the county to hear the initial challenge

of Measure F, granting a Newport Beach request.

Measure F author Richard Jacobs disagreed with Otero’s ruling that the

initiative was unconstitutionally vague and too broad.

Otero ruled that state law requires initiatives to focus on one

subject, not the trifecta of airports, jails and landfills.

“I just think he got it completely wrong,” Jacobs said. The initiative

was “protecting Orange County communities from the deleterious effects of

major public works projects.”

Anti-airport officials have said they plan to put another initiative

on the ballot -- expected to reach voters as early as 2002 -- to appeal

1994’s Measure A, which permits an airport to be built at the 4,700-acre

base.

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