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Measure R Lawsuit Threat
Wayne Dernetz | 9th Street

As you know, the November ballot in Del Mar will have a citizens initiative, Measure R, for voters to decide. If approved, Measure R would require a public vote before the approval of any significant projects affecting any commercial zone in the City can be pursued.

At the League of Women Voters Forum on Measure R, held at Del Mar City Hall on October 5th, Bud Emerson and I spoke in opposition to Measure R. I pointed out that Measure R specifically would impede Del Mar’s ability to carry out legal mandates imposed by the State for approval of affordable housing projects.

The proponents of Measure R defended the initiative against our claims that it would conflict several legal mandates by asserting the initiative is legally correct.
On October 15, the Voice of San Diego website carried an article in which it is revealed that Cory Briggs, a prominent San Diego Attorney whose practice involves public interest lawsuits against public agencies, sent a letter to the Del Mar City Manager, dated June 27, 2016, which threatens to bring a lawsuit against Del Mar if the City does not move with deliberate speed and effort toward meeting the State’s mandate for zoning and approval of its regional affordable housing allocation. The letter specifically mentions the property in Del Mar that is the subject of the proposed Watermark project. It is the Measure R proponents’ opposition to this very same project that motivated them to promote the initiative.

Setting aside any legal advice the City of Del Mar has received from its attorneys on the letter, I believe the letter itself is a matter of public interest and should receive public attention and discussion in the run up to the November election. It confirms the assertions I and others have made that the approval of Measure R will subject the City to lengthy and expensive litigation.

Accordingly I appeared at the Del Mar City Council meeting on Monday October 17 and requested the City Council schedule the matter for public discussion at the next available Council meeting.




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