Judge upholds legality of Measure W

Paul Clinton

Hopes for an airport at El Toro further hit the skids Wednesday as

a Los Angeles County Superior Court judge ruled that Measure W is

proper and legal.

Superior Court Judge Philip Hickok upheld the initiative after

about six hours of oral testimony in Norwalk.

South County leaders who successfully passed Measure W in March

again declared victory, saying an airport at the closed El Toro

Marine Corps Air Station is uncertain at best.

“You’ve got a core contingent in Newport Beach who think they can

resurrect Lazarus,� South County spokeswoman Meg Waters said. “What

part of ‘it’s over’ don’t they understand?�

Members of the Airport Working Group, based in Newport Beach, sued

to overturn the countywide initiative, which passed March 5 with 67%

of the vote. The group joined Citizens for Jobs and the Economy and

the Orange County Regional Airport Authority in the March 18 suit.

They argued that the initiative, which rezoned the base for open

space rather than an airport, was unlawful because it improperly took

planning powers out of the hands of county supervisors and was

inconsistent with Orange County’s general plan.

Leaders of the working group promised to soldier on for the

airport cause.

“Those who write the obituary for [an airport at] El Toro are

premature,� group spokesman Dave Ellis said. “We will be appealing

judge Hickok’s decision.�

The group would need to appeal to a state appellate court, said

attorney Fred Woocher, a co-author of the lawsuit.

Arguments that were not made in the case in front of Hickok could

be revived during an appeal, including a claim that the initiative

was deceptive and unconstitutional.

Also still alive is a lawsuit filed by group leaders against the

Navy’s environmental analysis of Irvine’s open-space plan at the

base.

Historically, judges have been reluctant to overturn initiatives,

since they represent “the will of the voters,� Woocher said.

However, Woocher said questions about whether an airport will be

built at El Toro will probably be decided at a much higher judicial

level.

“It’s particularly tough when judges are reluctant to interfere

with the initiative process,� Woocher said. “As is often the case,

nobody thinks this case will be decided at the trial level.�

* PAUL CLINTON covers the environment and politics. He may be

reached at (949) 764-4330 or by e-mail at [email protected].