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California Supreme Court Leaves Ruling Intact, Restoring Midway’s 30-Foot Height Limit

The denial cements the appellate CEQA decision as precedent and sets in motion a trial-court order to rescind Measure C.

Overview

  • The court denied review and depublication on Dec. 30, ending the city’s appeals and requiring a writ to void Measure C and reinstate the cap in the Midway-Pacific Highway area.
  • The 4th District Court of Appeal found San Diego’s environmental analysis deficient on noise, air quality, biological resources and geology before placing the measure on the ballot.
  • The published appellate opinion now guides lower courts on CEQA requirements for community-level planning, despite a request from state leaders to revisit the case due to housing concerns.
  • Mayor Todd Gloria and City Attorney Heather Ferbert said the city remains committed to redeveloping the sports arena site and is pursuing options to move the project forward.
  • The Midway Rising plan calls for 4,254 homes, a 165-foot replacement arena and commercial space, with the developer citing state density bonus law for height waivers as opponents pledge further challenges.