May 12, 2021 Breaking News, Latest News, and Videos

Malibu Files Motion To Dismiss Lawsuit Challenging Measure R:

Malibu has filed a motion to dismiss all claims in a federal lawsuit challenging a local measure that put limits on chain stores in the seaside city, according to court papers obtained today.    

Measure R, which restricts the proportion of chain retailers in new Malibu developments to no more than 30 percent by square footage and requires that any commercial development of more than 20,000 square feet be submitted to voters for approval, was passed in November.

The lawsuit challenging the measure was lodged last month in Los Angeles federal court by Steve Soboroff, who wants to bring a Whole Foods store to the city, and Jerrold Perenchio’s Malibu Bay Company, which has plans for a retail and office center.

“The people of Malibu spoke clearly at the ballot box about their desires for future commercial development, and the city will defend the law vigorously against challenges,” Malibu Mayor John Sibert said. “The city was founded on the desire to gain more local control, and we have a fundamental right to determine the character of our community.”

The plaintiffs contend that the law’s chain store restriction discriminates against stores with out-of-state owners and thus violates the equal protection clause of the U.S. Constitution.

Measure R’s proponents, who include filmmaker Rob Reiner and Barbra Streisand, argued that Malibu’s “small-town character” was threatened by a possible 1.5 million square feet of new development, including the 25,000- square-foot Whole Foods market.

“The property owners rushed into federal court before the City had a chance to implement Measure R,” City Attorney Christi Hogin said. “The lawsuit claims that there is no way that Measure R can be implemented without running afoul of the constitution, and we believe that is simply not true.”

In the city’s motion Wednesday, Hogin wrote of the underlying purpose of Measure R.

“Unabated, proliferation of chain stores could turn every town into AnyTown,” she wrote. “Measure R represents Malibu’s attempt to tackle a real, current and growing threat to its community character. The California Constitution empowers cities to control development for just this purpose.”

in News
Related Posts

SMMUSD’s Music Education Program Receives National Recognition

May 11, 2021

May 11, 2021

Santa Monica-Malibu Unified School District honored with the “Best Communities for Music Education” designation For the 19th straight year, the...

Edify TV: A Look Into the Cold War-Era as Wende Museum Reopens

May 11, 2021

May 11, 2021

With relics of the Cold War-era on display, the Wende Museum in Culver City has reopened for in-person visits. Learn...

Convicted Arsonist Making Fire Pits in Palisades Bluffs

May 10, 2021

May 10, 2021

Homeless man named Hilton making fire pits in fire-prone hillside area By Sam Catanzaro   A convicted arsonist continues to make...

Rapper Saweetie Gives Surprise Performance On The Pier: Santa Monica Beat – May, 10, 2021

May 10, 2021

May 10, 2021

Local news and culture in under 5 minutes. * Rapper Saweetie Gives Surprise Performance On The Pier * Santa Monica...

Head-on Crash on PCH in Santa Monica Results in Serious Injuries

May 10, 2021

May 10, 2021

Traffic collision occurs on Pacific Coast Highway near California Incline Monday afternoon By Sam Catanzaro Two people extricated from vehicles...

Developers Looking to Replace Century-Old Santa Monica Houses with Mixed-Use Development

May 10, 2021

May 10, 2021

Two houses would make away for three story, 10 unit development By Toi Creel Two Santa Monica homes, both around...

Free LA Metro Rides Could Begin This Summer

May 7, 2021

May 7, 2021

Metro looking at late Summer Launching For fareless transit pilot program By Toi Creel K-12 students and low-income residents could...

Santa Monica High Named Among Top 1,000 High Schools in the Country

May 7, 2021

May 7, 2021

By Toi Creel Samohi has been named one of the best high schools in the country.  According to a recent...

Metro Bike Share Relaunches on Westside

May 6, 2021

May 6, 2021

Program back after being suspended in September By Chad Winthrop LA Metro’s bike share system is back on the Westside. ...

Santa Monica Freeway Sees Second Fatality of Week

May 6, 2021

May 6, 2021

Multi-vehicle crash kills one person Wednesday night By Sam Catanzaro One person was killed in a six-vehicle crash on the...

Riviera Mansion on Market for $25 Million

May 4, 2021

May 4, 2021

 6 bedroom, 10 bathroom Riviera mansion hits market  By Chad Winthrop A nearly century-old Riviera mansion complete with a speakeasy...

Venice’s Fox Theater Revamp

May 4, 2021

May 4, 2021

A developer wants to revamp the historic Fox Theater building in Venice. Learn more in this video made possible by...

Edify TV: Site Work Begins on Nearly Billion Dollar LAX Station

May 4, 2021

May 4, 2021

Site work has begun for a nearly billion dollar light rail transit station coming to LAX. Learn more in this...