Oceanside

Oceanside’s growth-control law received another setback Wednesday when the state’s 4th District Court of Appeal refused to hear the city’s plea to overturn a lower court ruling against Proposition A.

Without comment, the three appellate judges let stand Vista Superior Court Judge Herbert Hoffman’s decision on Aug. 22 that Proposition A fails to guarantee that the city will provide its regional fair share of lower-income housing.

The Building Industry Assn. of San Diego, which along with developer Del Oro Hills filed suit against the slow-growth law, had hailed Hoffman’s decision as helping invalidate Proposition A.

However, the city asked the appellate court on Oct. 20 to set aside Hoffman’s ruling, claiming he had incorrectly interpreted the law in reaching his decision.

But the appeals court’s unwillingness to hear the matter means the litigants return to Superior Court on Feb. 11 to begin a new trial on another aspect of Proposition A.

While the first trial before Hoffman focused on whether Proposition A made enough housing available, the next phase will concern whether the growth-control law is necessary under state law to protect the health and safety of the city.