Court Gives LandWatch Monterey County A Victory in Marina Lawsuit on Measure E

Last Friday, Judge Robert O'Farrell, of the Monterey County Superior Court, dismissed the lawsuit brought by the City of Marina against LandWatch. The Judge's decision was an important and clear-cut victory. The Judge absolutely agreed that the City of Marina should never have sued LandWatch, and rejected the city's claim that it just wanted "declaratory relief," and for the court to tell Marina what it should do about Measure E, the Urban Growth Boundary measure adopted by Marina voters on November 7, 2000. Measure E preserves almost 2000 acres of open space, agricultural, and coastal land, and directs future growth into the existing city limits, and onto the lands of the former Fort Ord. LandWatch helped draft Measure E, and strongly supported its passage.

The dismissal by Judge O'Farrell was based on the state's Anti-SLAPP Suit law, which prohibits Strategic Lawsuits Against Public Participation (SLAPP suits). The Judge ruled that the city's lawsuit against LandWatch was a definite SLAPP suit, and that it had to be dismissed. LandWatch is now entitled to be reimbursed for all of its attorneys fees and costs. This recovery, which will be considerable, will be paid for by the City of Marina.

The State Attorney General intervened in the lawsuit as a "Friend of the Court," on the side of LandWatch. Deputy Attorney General Matthew Lintner strongly urged Judge O'Farrell to dismiss the Marina lawsuit, pointing out that if not overturned, the lawsuit would have the effect of discouraging citizens from using the initiative process not only in Marina, but throughout the state of California.

LandWatch and the Attorney General also asked Judge O'Farrell officially to order the City of Marina to defend Measure E, which became the law of the city when adopted by the voters last November. Measure E has been attacked in court by various developers, businesses, and landowners, but so far, the City has not taken any action to defend Measure E. Instead, the city sued LandWatch in the illegitimate SLAPP suit that was thrown out of court on Friday. Both LandWatch and the Attorney General strongly urged the court to issue an order officially directing the city of Marina to defend the initiative adopted by the voters. The Attorney General argued that both the State Constitution and statutory law require Marina to defend Measure E against the development interests that have challenged its legality.

Judge O'Farrell called the LandWatch request "premature," and thus did not enter the order requested by LandWatch and the Attorney General. The Judge pointed out that the City has not yet absolutely refused to defend Measure E, and that since it hasn't, he would abstain from ordering it to do so at this time. The Judge made clear, however, that if the city of Marina did not provide a defense for Measure E in the court challenge to its legality, that he would entertain another request, in the future, for an official order requiring the city to do so.

The Court's ruling was "pretty close to a total victory for LandWatch," according to Executive Director Gary Patton. "We are delighted by the Judge's ruling," he said, "and while we would have liked the Judge immediately to order the City to defend Measure E," the fact that he decided not to do so at this time doesn't mean that the Judge thought that the city could simply abandon the law that the voters enacted in November. I think it's clear from what happened in court today that the city of Marina must defend Measure E."

Patton said that LandWatch and its attorneys would attempt to work with the Marina City Council, both to defend and implement Measure E--and to reduce or eliminate future litigation costs.