Palo Alto Daily News
December 22, 2006

Measure A backers awarded $51,377

By Kristina Peterson / Daily News Staff Writer

Local environmental groups were buoyed this week by a court ruling that sends more than $50,000 their way following a controversial lawsuit regarding the recently failed Measure A initiative.

Santa Clara County Superior Court Judge Mary Jo Levinger ruled Tuesday that the proponents of the Measure A land-use initiative should be awarded $51,377 in attorneys’ fees.

Opponents of Measure A sued the group of initiative backers, including Santa Clara County Supervisor Liz Kniss, in September. The suit claimed that the language the supporters used in their ballot arguments was “false and misleading.”

“Considering what these races cost, it’s a small amount but still very satisfying,” said Kniss.

Measure A proposed amending the county's General Plan to include new land preservation provisions in areas designated as “hillsides, open space, ranch lands, and rural areas in unincorporated areas of the county.”

The measure was defeated in November with 50.74 percent of the county opposing it and 49.26 percent supporting it.

The court told measure backers in September to change the phrase, “Here are some key facts” to “Here are some key points,” but allowed the proceeding four statements to stand as “protected opinion.”

Supervisor Don Gage, who opposed Measure A, said that decision was a victory for the initiative’s opponents.

“We won on having the language modified,” Gage said.

Melissa Hippard, Loma Prieta chapter director of the Sierra Club, said she saw the ruling in favor of those supporting conservation of the hills.

“The judge didn't find their complaint valid, but in the process felt it would be more appropriate to change that one word,” Hippard said.

In this week’s ruling, Levinger called the initiative’s supporters the “prevailing party” and said her decision upheld their “right to present and the public’s right to receive information and arguments concerning a controversial ballot measure.”

“This shows we've been telling the truth about the need to protect the environment,” said Brian Schmidt, a legislative advocate for the Palo Alto-based Committee for Green Foothills.

Schmidt said the Committee for Green Foothills plans to continue working to preserve farmland and tackle land-use issues such as the proposed expansions of Stanford’s medical and shopping centers.

E-mail Kristina Peterson at kpeterson@dailynewsgroup.com.

Page last updated September 13, 2010.