By Tim Redmond
March 18, 2014 — Judge Marla Miller refused today to order a waterfront planning measure removed from the San Francisco ballot.
In a seven-page decision, Miller concluded that the dramatic step of blocking a measure before the voters had a chance to weigh in was not justified.’
The ruling came just one day after a hearing on the issue.
She noted that numerous other ballot measures have sought to regulate land use on the San Francisco waterfront, although she agreed that there are potential issues around the legality of local voters addressing lands deeded to San Francisco by the state.
Still, she concluded, those issues could easily be litigated and adjudicated after the election.
“Petitioners have not clearly established that the challenge is meritorious such that it justifies the ‘dramatic step’ of withholding the measure from the voters,” she ruled.
That doesn’t mean the legal fight over Prop. B is over — but it does mean the measure will appear on the June ballot.
