Apartment Project Foes Going to Court
A group of homeowners will be in Orange County Superior Court today in an attempt to block a pair of apartment projects in their neighborhood.
Calling themselves Citizens for Responsible Development, the residents sued Mission Viejo last week, contending that city officials acted illegally in approving two developments near Crown Valley and Marguerite parkways. The projects include almost 600 units.
Local attorney Bradley Morton said city officials were “exceeding their authority” in approving the housing projects without calling for an election, as the homeowners contend is required under the city’s general plan.
City Manager Dan Joseph said the city’s legal representatives are reviewing the lawsuit.
“We feel we’re on solid ground with the actions we’ve taken,” Joseph said.
The homeowners were thwarted by a technicality last month after gathering more than 7,000 signatures calling for a referendum that could have reversed the city’s approval of one of the two housing projects.
Although the petition had enough valid signatures, it failed to ask for changes in both the general plan and zoning laws. Changing just one set of regulations would have run afoul of a state law that prohibits any conflicts between zoning and general plans.
Trish Kelley, an organizer for the citizens group, said that a new petition drive will be organized in the near future. In opposing the developments, the group has cited traffic and noise as among its concerns.
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