State High Court Rejects Challenge to El Toro Vote

Dealing yet another setback to South County’s anti-airport campaign, the California Supreme Court refused to hear a challenge to Measure A, the successful 1994 voter initiative calling for a commercial airport at El Toro Marine Corps Air Station.

Neither side seemed surprised at the Supreme Court’s decision, saying they did not expect the case to go that far, but South County leaders still expressed disappointment Wednesday with the decision.

“We thought for our constituents we had to try it,” said Irvine Mayor Christina L. Shea. “We are dealing with it very soberly and knew that it would be very difficult to have it overturned.”

Narrowly endorsed by county-wide voters, Measure A called for a commercial airport to be built when the 4,700-acre military base is retired in mid-1999.

A legal challenge filed by a group of South County cities, led by Lake Forest and Irvine, maintained that a commercial airport would bring unwanted traffic, pollution and noise to their neighborhoods.

Opponents have tried--unsuccessfully--to have the measure invalidated. A second initiative aimed at quashing Measure A failed at the polls.

The most recent challenge failed in July, when an appellate court unanimously upheld Measure A, saying it found “no defect” in the initiative.

Tuesday’s court ruling effectively exhausts the appeals process on the issue, officials said.

“Measure A is valid now until it is amended by the voters or it expires under its own terms,” said Jack Golden, deputy counsel for the county. “We are not surprised by the decision.”