A three-justice panel of the state Fourth District Court of Appeal on Thursday reversed a Superior Court ruling that derailed a plan to remove vehicles from the center of Balboa Park.
The case stems from a plan backed by Irwin Jacobs, the co-founder of Qualcomm, to build a bypass bridge that would carry traffic coming into the park away from the Plaza de Panama.
After the Jacobs plan was approved by the City Council, opponents led by the Save Our Heritage Organisation filed a lawsuit to stop it from being implemented.
SOHO officials said a new bridge on the west side of the park would be unsightly and ruin the historical character of the area. Superior Court Judge Timothy Taylor reluctantly ruled in SOHO’s favor, citing a municipal code provision on a beneficial use of historic assets.
Appellate Justices Judith McConnell, Alex McDonald and James McIntyre ruled that there “was substantial evidence to support (the) city’s findings” that conflicts between pedestrians and vehicles in the plaza were not a reasonable use.
“The fact that we were right on the law all along vindicates the city’s legal position, but may prove to be a hollow victory if this project is lost due to the two-year delay arising from the lower court’s ruling,” City Attorney Jan Goldsmith said. “However, if San Diego still wants this project to go forward, it still has that opportunity.”
Traffic is still allowed through the Plaza de Panama, but parking stalls have been removed, and tables and chairs set up to make it more pedestrian friendly. SOHO mainly opposed construction of the bypass bridge, while it supported the pedestrian-friendly goal.
Alana Coons of SOHO said the group is studying the ruling.
— City News Service
