CHURCH'S PLANS TO GO ON BALLOT.Byline: Daily News A Superior Court judge Friday threw out a lawsuit lawsuit: see procedure; tort. seeking to stop a SOAR-required election over a proposed development on agricultural land, allowing a church's expansion plans to go on the November ballot. Ventura voters in 1995 approved the slow-growth SOAR, or Save Open-space and Agricultural Resources, initiative, which required a public vote when open space or agricultural lands are to be rezoned for other uses. Attorney Richard Francis Richard Francis (dates unknown) was a famous English cricketer who played for the Hambledon Club. Francis is known to have been a Surrey man by birth and he had played for Surrey teams before moving to Hampshire. He made 47 known first-class appearances from 1773 until 1793. , who co-authored the SOAR initiative, sued the city of Ventura to force it to remove the The First Assembly of God's project from the Nov. 2 ballot. Francis argued that the proposed church initiative was defective defective adj. not being capable of fulfilling its function, ranging from a deed of land to a piece of equipment. (See: defect, defective title) and has said that as the first SOAR attempt at collecting signatures, the initiative needed to be clear. The court ``dismissed the lawsuit (because of) lack of jurisdiction,'' said Oxnard attorney James F. Rupp, who represents the church. ``That means the lawsuit was premature. (Francis) did not exhaust Exhaust may refer to: In mathematics:
Francis did not return a call for comment. The judge two weeks ago rejected most of Francis' argument but allowed a hearing Friday on another issue Francis raised. Rupp said he argued Friday that Francis did not inform the city of the initiative's defect defect - bug before filing his lawsuit and did not exhaust the legal remedies A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g. , so the matter should not even be heard in court. The court agreed. The 26-acre complex is planned at the northwest corner of Montgomery Avenue and North Bank Drive. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion