Herrera statement on partial dismissal of case challenging Proposition B, waterfront development voting measure

Ruling upholds the power of San Francisco and its voters over building heights on the City’s waterfront

SAN FRANCISCO (Mar. 25, 2015)— This afternoon a San Francisco Superior Court judge heard arguments on City Attorney Dennis Herrera’s motion for a complete dismissal of a lawsuit by the California State Lands Commission to invalidate Proposition B, the voter-approved measure requiring electoral approval for height increases for new development on waterfront property managed by the Port of San Francisco. Ruling from the bench, Judge Suzanne R. Bolanos granted the motion in part, dismissing one of the State’s claims but allowing portions of the lawsuit to proceed.

In response, City Attorney Dennis Herrera issued the following statement:

I am pleased that the court dismissed the State’s claim that Proposition B conflicts with the City’s Charter and held that Proposition B on its face is consistent with the Burton Act. This ruling upholds the power of San Francisco and its voters over building heights on the City’s waterfront, and is in keeping with over 45 years of land use regulation in San Francisco. The City Attorney’s Office is prepared to respond to the court’s request to address the actual impact of Proposition B and to show that the State cannot demonstrate that Proposition B currently so burdens the Port as to be preempted by state law. Indeed, the voters’ approval last November of the height increase for Pier 70 demonstrates that Proposition B is valid on its face.

The case is: California State Lands Commission v. City and County of San Francisco, San Francisco Superior Court Case No. CGC-14-540531, July 15, 2014. Additional information on the San Francisco City Attorney’s Office is available at: https://www.sfcityattorney.org/.


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