The lawsuit was one more legal roadblock thrown up by pro-airport
interests, attempting to thwart the will of the people. They know that
the Park initiative will win once the voters have their say. It was
brought against the County by Citizens for Jobs and the Economy, founded
by George Argyros. They contended that the measure's Title and Summary
were not descriptive of the initiative, allegedly misleading those who
signed petitions. We disagree and so do over 128,000 signing voters!
Under California law, the County is solely responsible for preparing
the Title and Summary that must appear on every
petition. If anyone did anything wrong, it was the County.
On July 31, Superior Court judge, James Gray, ruled that the
County Counsel prepared a "false and misleading title and summary" for
the Orange County Central Park and Nature Preserve Initiative.
Note: the judge did NOT find any fault with the initiative itself---only
with the Title and Summary prepared for it by the County.
In effect, no. County lawyers failed to mount an aggressive defense
of their own legal work and failed to convince the court that they had
done their job properly.
No. The Committee for Safe & Healthy Communities (CSHC) is
appealing the matter to the next judicial level. The superior court erred
in the decision, and the Title and Summary meet the requirements of the
law. CSHC expects that the Court of Appeals will rule in our favor and
that all signatures collected to date are valid.
The number of signatures directly reflects the overwhelming public
support for the petition. It is the will of the people that THEY should
decide the future of the former El Toro Marine Air Station. We are also
preparing for a special election (requiring more signatures) if one is
ordered by the court.
It is difficult to say, but a ruling could be as quick as one
month. Under normal circumstances, petitions need to be turned in by early
September. If it takes longer, the court has broad latitude to chose
a remedy that gets the initiative on the ballot regardless of whether that
date has passed. The Registrar's last day for putting a measure on
the March 5 ballot is December 7.