{"id":496257,"date":"2026-01-06T10:24:19","date_gmt":"2026-01-06T10:24:19","guid":{"rendered":"https:\/\/www.europesays.com\/us\/496257\/"},"modified":"2026-01-06T10:24:19","modified_gmt":"2026-01-06T10:24:19","slug":"morning-report-supreme-court-shuts-door-on","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/496257\/","title":{"rendered":"Morning Report: Supreme Court Shuts Door on"},"content":{"rendered":"

The Midway District\u2019s 30-foot height limit is here to stay.<\/p>\n

Last week, the Supreme Court of California declined to review a Court of Appeal ruling that overturned a decision by voters to remove the coastal height limit for San Diego\u2019s Midway neighborhood. Since 1972, the building height limit there and everywhere west of I-5 is 30 feet.<\/p>\n

San Diego residents have now voted twice (in 2020 and 2022) to remove the height limit in Midway.\u00a0<\/p>\n

And twice the courts have said the city failed to study and disclose the impact of the change on the environment and views.\u00a0<\/p>\n

Midway Rising is a plan to build 4,254 new apartments, 14 acres of public space and a new Sports Arena on 49 acres of city-owned land in the center of the Midway District. Many of the project\u2019s buildings are set to be more than 30-feet tall, including a new arena.\u00a0<\/p>\n

The appeals court last October ruled<\/a> that the city failed to inform voters about the environmental impacts of raising the height limit in the neighborhood when they put Measure C on the ballot.\u00a0<\/p>\n

The state Supreme Court also denied<\/a> the city\u2019s request to depublish the appeals court ruling, making the opinion a binding precedent for lower courts. The trial court will rescind Measure C and restore the height limit.<\/p>\n

What the city is saying: <\/strong>\u201cWhile we are disappointed that the Supreme Court declined to hear the City\u2019s appeal, this procedural decision does not change our commitment or our momentum to redevelop the Sports Arena site. We continue to disagree with the lower court\u2019s ruling, but we are not standing still,\u201d Mayor Todd Gloria and City Attorney Heather Ferbert said in a joint statement.<\/p>\n

\u201cThe City is actively pursuing options that will provide a clear and durable path forward for this transformational project \u2014 one that will deliver thousands of new homes, including affordable housing, permanent jobs, a modern entertainment venue, and significant economic benefits for San Diego.\u201d<\/p>\n

What we\u2019re still waiting on: <\/strong>Read that statement closely. They still did not say some important things. Developers want to make Midway Rising the largest test of the state\u2019s density bonus laws<\/a>. These are laws that allow builders to circumvent local regulations if they build certain percentages of rent-capped apartments for people who earn less than the median income.<\/p>\n

With more than 2,000 affordable units planned for Midway Rising, the project does qualify for density bonus.<\/p>\n

But we\u2019re still waiting for city officials to say affirmatively that they agree with developers <\/a>that density bonus law is the path they support and that the project is still legal.<\/p>\n

County Supes Tap Top CA AG\u2019s Office Assistant as Likely County Counsel<\/strong><\/p>\n

The county will likely have a new top lawyer later this month.<\/p>\n

County supervisors will vote next Tuesday on whether to appoint Damon Brown<\/a>, now a special assistant state attorney general, as the lead county counsel serving the board and county staff. Brown is now Attorney General Rob Bonta\u2019s senior adviser on issues including civil rights, public safety, consumer protection and voting rights. Brown\u2019s more than two-decade legal career also includes a stint as city attorney for Compton, Calif.<\/p>\n

Brown\u2019s proposed appointment follows a national search and the abrupt retirement of former county counsel Claudia Silva. Silva\u2019s sudden retirement<\/a> followed a hastily scheduled closed-session review of Silva\u2019s performance a day after Democrats achieved a majority<\/a> on the county Board of Supervisors with the swearing in of Supervisor Paloma Aguirre.<\/p>\n

In a statement, county Board Chair Terra Lawson-Remer\u2019s team wrote that she \u201clooks forward to San Diego County Counsel\u2019s next chapter.\u201d\u00a0<\/p>\n

\u201cThe County Counsel\u2019s Office plays a critical role in protecting the public trust and upholding the rule of law \u2013 standing up for consumers, safeguarding public dollars, and advancing a modern county government that works for working families,\u201d Lawson-Remer wrote in a statement.<\/p>\n

Brown said he\u2019s excited to be considered for the role.<\/p>\n

\u201cMy career in public service has been rooted in civic engagement and a belief that effective leadership at the national, state, and local levels can advance justice, equity, and the public good,\u201d Brown wrote.<\/p>\n

If appointed, Brown will start Jan. 26 and receive an annual $380,000 salary.<\/p>\n

Environment Report: Shelltown Residents Fear a Repeat of 2024 Floods<\/strong><\/p>\n

\"\"Cholla Creek channel on Monday, Jan. 5, 2026. \/ MacKenzie Elmer for Voice of San Diego<\/p>\n

After intense rain fell across San Diego County over the holidays, residents in Shelltown are on high alert.<\/p>\n

The last thing they want is a repeat of catastrophic floods in 2024 that destroyed hundreds of homes in the area. Many of those homeowners didn\u2019t have flood insurance.<\/p>\n

A clogged stormwater drain where Beta and Birch streets meet was partly to blame for the rising water levels during last year\u2019s storms. The city is supposed to fix it, but it will cost $111 million, which the city doesn\u2019t have.<\/p>\n

So, this year, residents have taken it upon themselves to keep the drain unclogged, writes our MacKenzie Elmer. They take turns cleaning it and keeping an eye on it, worrying every time it rains and growing more frustrated every time the city doesn\u2019t help.<\/p>\n

Read the Environment Report here.\u00a0<\/strong><\/a><\/p>\n

In Other News\u00a0<\/strong><\/p>\n