SAN CLEMENTE
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An Orange County Superior Court judge ruled Monday that a voter initiative aimed at halting development unless the city extends Avenida La Pata is invalid and will not appear on the November ballot.
Judge Tam Nomoto-Schumann granted a writ of mandate filed by USA Properties Inc., the developer of a senior housing complex on Camino Mira Costa. The writ requests that the initiative be declared invalid because it is unlikely to survive legal scrutiny were it to pass in the election.
The Residential Building Permit Moratorium Initiative authors are seeking to stop development in the city, especially the 4,900-home Talega development, until a La Pata extension is built to ease traffic congestion.
A written ruling is expected to be released today. The initiative authors said they will appeal the decision.
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