A charter amendment on the November ballot that would allow San Diego High School to remain in Balboa Park was properly handled by the city attorney’s office and should be allowed to go before voters, a Superior Court judge ruled Thursday.
Judge Frederic Link ruled that Measure I was properly placed on the ballot with a fair and impartial analysis.
“Unfortunately, the plaintiff won a lot of attention in the media by making claims that were ridiculous on their face and were quickly dispatched by the court,” City Attorney Jan Goldsmith said. “Our election lawyers are among the best in the state and their work on all of the ballot measures was conducted with the highest degree of impartiality and professionalism.
The measure was opposed by David E. Lundin because he said the city council violated state law by placing the charter amendment on the ballot without the required public hearings, the city attorney’s impartial analysis and the independent budget analyst’s fiscal analysis excluded details and speculation that would have been helpful to the opposition, and that the measure’s title (“Charter Amendment Involving Balboa Park and San Diego High School”) failed to characterize the measure with such non-prejudicial terms as “emasculate,” “illegal” and “unlawful.”
Judge Link found none of these arguments persuasive and denied the plaintiff”s petition for a writ of mandate.
“I find the city has not violated the law in bringing this matter before the voters,” Link said. “This is a fair analysis of what it is.”
–City News Service