Santa Ana developer Mike Harrah now has the final green light needed to move forward on the development of his 37-story monolith with the rejection of an appeal of the lawsuit filed by activists to stop the One Broadway Plaza project.
The City Council in 2010 voted to trample the will of the voters and approve a modification to the developer agreement which allowed Harrah to skip past the requirement that he have 50% of his proposed tower leased out before development. That requirement was specified in the initiative placed on the ballot by Harrah and approved by voters allowing the development to move forward. Due to a cleaver writing of the initiative, the legal language of the initiative did not specify that the developer agreement was covered by the vote.
The approval happened because Mayor Pro Tem Claudia Alvarez was allowed by then City Attorney James Fletcher allowed Alvarez to skirt city regulations prohibiting her from voting since she had accepted campaign contributions from interested parties within one year prior to her vote. Fletcher determined that contributions from the leasing agents for the project were not covered by the law.
The Voice of OC has more on the decision here.