Morgan Hill – A controversial land-use initiative lured another lawsuit Friday, this one filed in Superior Court alleging ballot arguments in favor of the environmental measure include “brazenly” false statements intended to mislead voters at the polls.
The lawsuit doesn’t put Measure A itself at risk, unlike a federal court challenge brought in August, but could force deletions or amendments to “Yes on Measure A” arguments before ballot packets are printed for the Nov. 7 election.
A hearing is scheduled today in Superior Court.
On Friday, a federal judge decided not to wipe the initiative off the ballot entirely.
If passed, Measure A would increase the minimum parcel size for rural and hillside development in unincorporated areas, among other things.
Supported by the Santa Clara County Farm Bureau, the new lawsuit centers on four bullet points in the rebuttal to the “No on Measure A” ballot argument.
The arguments in question include:
- “Every environmental organization (in the county) supports Measure A.”
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“Measure A freely permits wineries and farmers’ markets that sell local produce.”
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“Measure A discourages annexation to cities – they will no longer have to worry about inappropriate County development on their borders.”
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“Measure A encourages private owners to make their lands available for public outdoor recreation.”
Jenny Derry, executive director of the Santa Clara County Farm Bureau, said she was disappointed when she reviewed the rebuttal arguments early in the week.
In part, the lawsuit asserts the farm bureau, which opposes the initiative, is a nonprofit organization that “undertakes activities and programs to preserve and enhance environmental resources in the County,” and therefore proponents of Measure A cannot rightly assert “every” environmental group supports the initiative.
Peter Drekmeier, campaign director for People for Land and Nature (PLAN), a consortium of environmental groups that spearheaded Measure A’s petition drive over the last year, doesn’t see eye to eye with the farm bureau’s argument. Voters would be more confused, he said, if asked to lump the farm bureau among groups such as the Sierra Club, Greenbelt Alliance, Committee for Green Foothills and the Audubon Society.
Tony Burchyns covers Morgan Hill for The Times. Reach him at (408) 779-4106 ext. 201 or tb*******@mo*************.com.
