February 21, 2024 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

Bruce Lurie Gallery Unveils “Give Us Our Flowers” Exhibition

February 21, 2024

February 21, 2024

Philoche’s painting style incorporates vintage subjects to convey a tribute to the resilience of human spirit.  Bruce Lurie Gallery presents...

Portraiture Masterclass with Renowned Photographer Coming to Venice Beach

February 21, 2024

February 21, 2024

Participants will explore the boardwalk alongside Alan, honing their creativity and engaging with the local community. Renowned photographer Alan Shapiro...

“Women in Jazz” Event at the Moss Theater to Benefit College Scholarship Program

February 20, 2024

February 20, 2024

The Scholarship Trains Students to be Ambassadors for Antiracist Learning and Teaching Los Angeles-based jazz vocalist Amber Weekes, an alumna...

Countdown to the 30th Annual SAG Awards: Celebrating Excellence in Film and TV

February 20, 2024

February 20, 2024

SAG Awards Ceremony Set for Feb. 24, 2024, to be Globally Streamed on Netflix The anticipation for the 30th Annual...

“20’s/20s” Exhibit at ARCANE to Showcase Emerging Artists’ Work

February 20, 2024

February 20, 2024

The Featured Artists Were All in Their Twenties During the 2020s ARCANE Space is set to host an exhibition showcasing...

(Video) If Not Now Los Angeles Protest at Vice President Kamala Harris’ Home in Brentwood

February 20, 2024

February 20, 2024

The group held a Shiva or Jewish mourning ceremony as a protest. @smmirrornews If Not Now Los Angeles Protest at...

Atmospheric River Update for Los Angeles, Santa Monica, and Malibu for February 19

February 19, 2024

February 19, 2024

Road Closures, Mudslides, and Heaviest Rainfall of This Storm Still on the Way The City of Los Angeles intensified its...

A Sustainable “Air Taxi” Service Will Operate Out of West L.A.

February 19, 2024

February 19, 2024

Based on Images and Videos, the Aircraft’s Design Mixes a Helicopter With an Airplane By Zach Armstrong Los Angeles is...

Upcoming “Liquid Grooves” Concert Will Have Ocean and Sea Theme

February 19, 2024

February 19, 2024

Compositions Include “Pacific Grooves” by Tyler S. Grant and “Water Reflections” by Yukiko Nishimura The Emeritus Concert Band of Santa...

Los Angeles Gears Up for Another Slow-Moving Storm: Residents Urged to Prepare

February 18, 2024

February 18, 2024

National Weather Service Issues Flood Watch for Los Angeles County Even though Los Angeles County is still recovering from the...

Downtown L.A. and the Pacific Ocean can be seen from this Nearly $50M Palisadian Home

February 18, 2024

February 18, 2024

A movie theater, waterfall and infinity pool are among its amenities.  By Zach Armstrong A seven bedroom Palisadian estate with...

Two Bedroom Santa Monica Condo Lists for $9.5M

February 18, 2024

February 18, 2024

Originally established in 1928 and meticulously reconstructed in 1996, El Tovar By The Sea stands as an architectural masterpiece Originally...

(Video) Ghost Kitchen Kitchen United MIX has closed on Third Street Promenade

February 16, 2024

February 16, 2024

The Kitchen United MIX Location in Westwood is also closed. It’s a Wingstop Now. @smmirrornews Ghost Kitchen Kitchen United MIX...

Pacific Coast Highway In Western Malibu Faces Nightly Closures Due to Erosion Until Further Notice

February 15, 2024

February 15, 2024

Caltrans Implements Emergency Measures to Address Ocean Side Shoulder Damage Starting on February 14, a full closure of Pacific Coast...

Fiery Crash Shuts Down Pacific Coast Highway in Malibu Near Nicholas Canyon

February 15, 2024

February 15, 2024

Collision and Vehicle Fire Leads to Helicopter Evacuation of Injured Driver A two-car traffic accident resulted in the destruction of...