Measure R has fallen, once again leaving no legal barrier to the Whole Foods in the Park project from breaking ground in the Civic Center.
The controversial formula retail ordinance that earned close to 60 percent of votes back in November 2014 was designed to curb chain stores in the Malibu Civic Center — limiting them to 30 percent of retail shops — while also allowing voters to approve any developments over 20,000 sq. ft.
In December 2015, Measure R was ruled illegal by Superior Court of California, County of Los Angeles Judge James C. Chalfant, with the final judgement coming down in April of last year. In essence, Chalfant’s ruling was that Measure R violated due process for business owners. “Restrictions are a condition based on the nature of the owner, not the property, and they are unlawful,” part of the April 2016 decision stated.
Intervenors on behalf of Measure R advocates took over the appeal, with the City of Malibu pledging up to $75,000 toward the effort, in spring 2017. “I want to hear what the Court of Appeals is going to say,” Council Member Laura Rosenthal said at the May 2016 council meeting, before casting her vote in favor of aiding in the Measure R appeal. “I think if we get the same answer the Court of Appeals gave us, that’s a very strong answer.”
Fourteen months later, the Court of Appeals, in a 24-page opinion, unanimously agreed Measure R was illegal on a number of grounds.
Look for a full story in the June 29 edition of The Malibu Times.