Editor’s note: The following is regarding the recent appellate court’s rejection of an appeal by the Citizens Association of Sunset Beach against Sunset Beach’s annexation by Huntington Beach.
In reaching the decision to uphold the lower court’s decision, the court seems to place emphasis on three things: 1) the Prop 218 ballot materials don’t mention annexations, 2) applying Prop 218 to annexations would be complicated, and 3) applying Prop 218 to annexations could repeal the island annexation statute. The court’s reasoning is unpersuasive.
The court seems to be more motivated by pragmatism than by the rule of law. Prop 218 is part of the California Constitution, and any statute that fails to comply with the CA Constitution is invalid.
I still believe that our position has merit.
The transition from county controlled unincorporated area to being a part of the city of Huntington Beach has not been smooth.
Local businesses have been forced to pay new fees and obtain permits for things that they have not had to pay for the many years they operated before the annexation took place.
At the same time, they have not been able to obtain building permits to make changes to their operations or improve their services to their customers.
Residents have been unable to obtain building permits to replace their homes that burned down one-and-a-half years ago because the annexation triggered a moratorium by the California Coastal Commission on new construction. Beach front residents are now concerned because the Coastal Commission rewrite of the plan may require the residents to pay for the continued use of the areas directly in front of their homes on the beach (encroachment areas) which were promised by Orange County as resolution to previous disputes about the lands ownership.
Last year at the hearing in the lower court, the city of Huntington Beach attorneys ensured Judge Horn that it would not be very difficult to undo the annexation if the Appeal’s Court ruled against them.
This was the reason given to not stay the moratorium on the implementation of the annexation, before the Appeal’s Court ruled.
It may be appropriate now to ask the Court of Appeal for rehearing before seeking review by the California Supreme Court.
The California Supreme Court would then consider whether to accept the case or not.
A decision on this course of action is still pending.
Jack Markovitz is president of the Citizens Association of Sunset Beach.
