Sunday, August 29, 2021

Judge rules Blakespear can't overturn citizens' right to vote

From the Inbox:


"But nothing in these enumerated powers of enforcement allows state to require a jurisdiction to seek to invalidate a voter initiative, nor is there any provision for a jurisdiction to sue either private citizens or to invalidate a voter initiative."

Full ruling here.

38 comments:

  1. Take that you rats in local and state governments.
    "It's we the people, NOT, you the rats."
    They never stop trying to ruin California and America.
    Get that filthy rat looking newsom out of office.

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  2. Blakespear has shown her true colors - she enforces rights for the special interests that keep her in power. Worse yet, she attacks citizens that dare exercise their own constitutional rights. She has to go!

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  3. Why does the mayor censor comments on her political campaign site? Isn’t that illegal?

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  4. She is very good at pivoting away from issues without ever dealing with them--except in a secretive and backstabbing way to select supporters. We have not heard anything from her about how indeed she did sue residents--at least that was the legal opinion of Maas.

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  5. What kind-of Mayor their own citizens for passing a citizens initiative . Clearly she does not respect the Majority of voters.

    Be sure to tell all your friends in north county and OC about what a loser BIAspear has been for Encinitas and will be in the capital.

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  6. it is remarkably reassuring when the legal system works the way the is is supposed to work.

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  7. *What kind-of Mayor sues their own citizens......

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    1. One that is a sold-out shill for the greedy developers' vested special interests!

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  8. to The E traveler- I agree.

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  9. Wow Blakespear deleting comments left and right on her campaign page. The truth bites and she can't take it. Bet Chatfield and the wife are working in round the clock shifts playing whack a mole. Pathetic if she thinks that will keep word from getting out. This just makes folks want to redouble efforts.

    What she is doing is illegal but when did that ever stop her??

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  10. Can a complaint be placed against her law license?

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  11. In the Judges ruling, didn't that include rezoning the city did to be unlawful?
    Example would be Olivenhain from RR2 to what ever the city wanted for those ghetto apartments (R30?)
    Someone in the know, please educate me. Thank you.

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  12. Yeah. Its unlawful and her actions will cost the City millions, but she doesn't care because its tax payers money. Either way the tax payers and communities lose for her failing leadership.

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    1. Wait - wot??? Wasn't she going to "rip off this Band-Aid, go into court and seek declaratory relief" to "stop the bleeding" from housing lawsuits?

      Stop it? She opened the g-damned floodgates.

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    2. By the way, the state mandated low income housing...
      Take a wild guess where that came from...
      The leftist in Sacramento, again ruining this State.
      Then they sue the cities that don't move fast enough concerning their insanity. Welp, the Judge put a stop to that (for now). Proving again, everything the left does, they destroy.

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  13. What happened to the lie that the Marco n' Catherine show have perpetrated that the mayor never sued the citizens? Sure sounds like the judge thinks she did.

    What's she going to do when she has to soon do the "it is anticipated" upzone according to staff and the populace finds out she lied to the tune of several thousand units more?

    Does she think folks will vote for her plan to help her cover her lie? Then what? She going into the witness protection program?

    No one has ever said "no" to Catherine and this ruling must have come as quite a shock to her psyche. Not as big a shock as when the curtain is pulled aside and the Catherine n' Marco are sittin' in a tree devising their high density plans. Not so fast! Sucks to be them.

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  14. curious what Kevin "buildbuildbuildbuildbuildbuildbuild" Sabellico has to say about his candidate's F-up? How's he gonna sell the mayor sued her own citizens to OC?

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  15. Council going into closed session:

    CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION; AUTHORITY: Government Code 54956.9; NAME OF CASE: City of Encinitas v. California Department of Housing & Community Development (HCD); Case No. 37-2019-00047963-CU-OR-NC

    Will she or won't she sue us again? Taking bets.

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  16. As much as I can't stand our Encinitas government, I will state that the State of California is pushing cities like Encinitas to build ghetto apartments. So, in turn the City of Encinitas is trying to adjust the local law. My bottom line is it is the leftist State of California at the base of all this. Next in line is blakespear. I can't stand any of them.

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  17. Didn't you all learn anything from the Desert Rose experience? Getting all hyped up on a lower court ruling when you should know that the Court of Appeals may very well see this differently or, equally possible, the Legislature could see this as an important opportunity to clarify its intention with respect to preemption and state housing law and moot out the lawsuit altogether.

    Or for argument's sake, let's say the decision stands and neither HCD nor the City appeals. The City would then be required to put the next upzone to a vote (whether it's due to "no net loss" requirements or a future housing element update). If the proposed upzone contemplates a "realistic" 15-20% affordable, the NIMBYs will oppose and it'll lose just like Measures T and U, in which case, the City will probably get sued by the BIA or a tenants rights group, just like before.

    But let's say the upzone tries to push the envelope with 50% or more mandated affordable units like what recently passed the Planning Commission. At that point, the City would also likely get sued because it's unrealistic such development would ever occur and the City would find itself again out of compliance with state housing law.

    So, other than delay, where is the win for the NIMBYs? More importantly, where is your realistic solution for increasing the number of affordable units here?

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    1. Marco when we consider the source your opinion carries far less weight than you imagine. Your claims that people will oppose a housing plan no matter what is just a smokescreen for the greed you represent.

      Is it true that demonizing residents has already gotten you into hot water with the Coast Law Group owner? Keep it up.

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    2. yeah we learned from desert rose just how low you can go.

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    3. My GAWD...who states we the citizens of Encinitas want more affordable units in Encinitas. Quit going back to that.
      There is a water shortage, electricity problems, traffic problems and you think affordable housing is viable?
      Just STOP. Just because this insanity came down from the kooks in Sacramento doesn't mean it's right.
      We will continue to fight you and anyone like you, tooth and nail. Stop trying to ruin Encinitas.
      Since when is Superior court a lower court? It ain't traffic court.

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    4. 1:54 Do the arithmetic. To reach the state-mandated number of affordable units when only 15% or 20% of developments meet the affordable unit $ requirements, Encinitas would have to be overwhelmed with market-rate units. The point is building a much higher percentage of affordable units would mean a lower total number of units.

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    5. And right BACK TO THE STATE MANDATED. See folks, what I've been writing about all along. The leftist making every attempt to ruin peoples lives with ghetto housing.
      The state of california is a mess. These leftists have taken the state down with their mindless mandates.
      Hightest taxes in the country, Zero forest management, homeless, rolling blackouts because "earthers with dead eyes wanted power plants closed" and stupid gun laws even they can't figure out.
      And these clowns are telling us we need low income
      housing? So po' people can live at the beach !!! Wake the hell up. Everything they do does fails.
      I pray like hell that idiot buffoon newsom is thrown out along with the other dimwits.

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    6. 5:34 Don't you get tired of repeating the same stupid shit?

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    7. 11:54 Don't you get tired of being stupid....hmmmm?
      The left is the enemy within, the enemy of the United States. Wake up and stop being the fool

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    8. George W. Bush invaded Iraq and Afghanistan. He let 9-11 happen. He let the financial collapse happen. Trump killed ~600,000 Americans and came close to destroying our democracy. Bush the First put Clarence Thomas on the Supreme Court. Nixon gave us the Watergate scandal. Let's see your list of beneficial things the right did for the country. While you're at it, WTFU and stop watching Fox "News." Ignorance doesn't pay.

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    9. 1:38...other than Trump killing 600,000 I agree with you, wait, what is wrong with Thomas?. What do you have against Fox News?
      Since when does truth scare you? Tell us all what Fox lies about, just one thing.

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    10. 10:44 Rupert Murdoch talking about Roger Ailes years back: "He actually believes this shit!" Are you really so blockheaded that you don't know Murdoch is duping you to further enrich himself? Fox "News" is bullshit aimed at the barely literate masses. Murdoch is making tons of money on your stupidity.

      Just one thing Fox lies about: Donald Trump. There are 100s of other things Fox lies about.

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  18. When Gonzalez says "will get sued" he really means he wants in on the action. So very predictable.

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    1. It seems like thong-flashing the developers--an approach taught and perfected at Lewis and Clark--Gonzalez and Lewinsky's alma matar. https://nypost.com/2021/08/26/monica-lewinsky-insisted-impeachment-show-clinton-thong-flashing/

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  19. The whole "affordable housing" crap is a complete scam on the public devised by the right and the left. The bleeding hearts like Ms. BIAspear-Gonzalez get to dream that tripling the population of Encinitas with 5 plus story ghetto apartments will make a dent in rents in Encinitas when in reality the only thing that will lower rents is rent substitutes like section 8, or the quality of life drops so much that people chose to live somewhere else and rents drop. The problem with this is over-development in a desert and rent substities create lower quality of life and rob people of their liberty.

    The right loves it because all the developers are pure capitalists and they make their money on selling out existing area's quality of life and do ANYTHING to increase their profit. Lie, cheat, steal, pay off politicians, destroy former family beach towns, ruin peoples lives and crush liberty. No problem if it means more profits.

    So there you have it. Now you know why Marco chooses to live his life promoting the "affordable housing" theory. He is a mix between bleeding heart liberal guzzling all the BS from Sacramento and a pure capitalist supporting developers who gave up their soul for profit. It's that simple. Marco wrote off Encinitas long ago and now they get to circle jerk each other daily with their crazy false soundbites.

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    1. 7:28 - on the nose. Please save your comments for copy/paste wherever Marco goes. Truth to deceit!

      Look up "fraud" in the dictionary, there he is.

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    2. Alongside "ambulance chaser."

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    3. So 7:28, there are no developers on the left? I didn't know that. So...capitalism is evil? Hmmm...I had no clue.
      So, the car you drive, the house you live in, the food you eat have nothing to do with capitalism? I was unaware.

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    4. Mostly Reps running the BIA, Dems now jumped on the fake affordable gravy train. Now you know.

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  20. Hey Marco want a yard sign??

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