SANTA ANA, CA — On Wednesday, October 13, 2010, the Coalition for Accountable Government Ethics (CAGE) filed suit against the City of Santa Ana, charging that the City acted in violation of law by amending the voter-approved initiative/ordinance without submitting the question to a vote of the public. Simply put, CAGE is claiming that the City Council did not have the authority to amend the One Broadway Plaza Development Agreement, because the agreement was part of the voter approved initiative, Measure A.
CAGE is a coalition of Santa Ana residents, community groups, and local businesses. Prior to the filing of the Petition for Writ of Mandate in Orange County Superior Court, CAGE, through its attorneys, WILDISH & NIALIS of Orange, CA, forwarded two (2) demand letters to the City, and the City Attorney, charging that the City’s vote was in violation of California Elections Code which provides where an Ordinance is submitted to a vote of the public, it may only be amended by a like vote. The City did not respond to the letters.
Simply put, CAGE is claiming that the City COuncil did not have the authority to amend the Development Agreement for the One Broadway Plaza office tower, because the agreement was part of a voter approved initiative, Measure A, which could only be changed by a vote of the people.
Copies of the Petition for Write of Mandate and letters to the City are available by request to Denni Coslett, Legal Assistant, WILDISH & NIALIS, telephone number: (714) 634-8001, facsimile number: (714) 634-3869.
Here is the lawsuit that was filed.