Hearing set on Port of San Diego Lawsuit Challenging Nov. 4 Ballot Measure

Wednesday, 13 August 2008
Contact: John Gilmore (619 686-7206, (619) 341-5684; Irene McCormack (619) 686-6462, (619) 990-3576

A Superior Court judge has scheduled a Sept. 4 court date to hear arguments on the Port of San Diego's lawsuit challenging a November ballot measure that would amend the Port District's master plan to allow hotels, restaurants and possibly a football stadium at the Tenth Avenue Marine Terminal.

The September hearing was set during a brief court session this morning by Superior Court Judge Ronald Styn, who also denied the Port's request for a temporary restraining order to stop the processing of the ballot material until a court hearing on the merits of the lawsuit could be held.

Attorney Patrick Breen, one of the outside counsels representing the Port in the lawsuit, asked the judge to grant the restraining order to minimize the expenses incurred by the preparation of ballot materials and to provide some psychological comfort for Port tenants who are concerned the initiative could harm their businesses.

Judge Styn, however, said he saw no evidence of disruption of business at either the Port tenant businesses or the Port of San Diego. He also said he wasn't ruling on the merits of the Port's lawsuit, but that he would schedule the expedited hearing. A ruling on the lawsuit could occur on September 4 or soon after.

Last month, the Registrar of Voters said the proponents had gathered enough signatures to place the measure, "The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative," on the ballot.

The Board of Port Commissioners agreed to place the initiative on the November ballot, because that is required by the state Elections Code. Yet, after taking the action at a recent Board meeting, commissioners unanimously agreed to file the lawsuit to prevent the measure from going on the ballot.

The Port District is required by the state code to pay for the cost of the election, which is roughly $400,000. In court documents, the Port attorneys asked the judge to issue the order "to prevent the further squandering of public resources" that would result if the initiative is placed on the November ballot.

The deadline for submitting ballot material for printing is Sept. 9.

A variety of products are processed at The Tenth Avenue Marine Terminal, including cement from China and Thailand, sand from Mexico, fertilizer from Norway, fresh fruit from Guatemala, Costa Rica, Peru, Ecuador and Australia, cars from Japan, Korea, Mexico, Germany and the UK and steel products from Europe, Korea and China.