The state of California's legal battle to overturn a San Francisco waterfront development measure is still alive after a judge on Wednesday denied a city motion to dismiss the action.
The suit by the California State Lands Commission challenges Proposition B. The commission says the measure violates state law by usurping the Port of San Francisco's authority over 7.5 miles of waterfront.
The commission also argues that by limiting the port's ability to develop its properties, granted to the city under the 1968 Burton Act, Prop. B interferes with the state's long-established interest in how the waterfront is used.
The initiative, passed by 59 percent of voters last June, requires developments to get voter approval if they exceed height limits of between 40 and 80 feet.
"Proposition B takes a portion of legislative authority away from the port. Not only does it set in stone height limits today, it takes away the future ability of the port to change those height limits without coming and getting approval of the people of the city of San Francisco," California Deputy Attorney General Joseph Rusconi argued.