Yes on Measure a v. City of Lake Forest

Yes on Measure A, Citizens for Jobs and the Economy, and Catherine Kirkpatrick (plaintiffs) obtained a preliminary injunction compelling the City of Lake Forest (the city) to disclose the expenditures it made in a preelection challenge to measure A, a local initiative. The only issue in this case is whether a city’s litigation expenses incurred in pursuing a preelection challenge to the constitutionality or legality of a local initiative are reportable expenditures within the meaning of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). Because we hold they are not reportable, we reverse.

I

Measure A, entitled the Orange County/El Toro Economic Stimulus Initiative, was a local initiative that qualified for the November 8,1994, general election. It proposed to amend the Orange County general plan to permit development of a commercial airport on land occupied by the El Toro Marine Corps Air Station upon the base’s closure. Alleging the proposed general plan amendment violated various state planning laws, the city, which borders the base, filed a preelection challenge to keep the measure off the ballot. (City of Lake Forest v. Tanney (Super. Ct. Orange County,…