A Superior Court judge affirmed his decision to dismiss a lawsuit challenging the city of San Diego’s process for reviewing condo conversion projects.

Attorney Cory Briggs, who represents the plaintiffs, said he expects to file an appeal in the next month.

Judge Ronald Prager threw out the case in August after developers claimed that Briggs did not properly request a trial. Briggs was allowed to ask for forgiveness this month, but Prager struck that down in a final decision yesterday.

Briggs, whose clients include the Affordable Housing Coalition of San Diego County and Citizens for Responsible Equitable Environmental Development, claimed he had filed the lawsuit properly.

“We did request a hearing in a timely manner,” he said. “The judge thinks we should have requested it twice. We respectfully disagree with the judge.”

Briggs called the developers’ efforts to throw the suit out “ironic,” saying the appeal he plans to file will take up to two years to be heard, delaying the legal challenge that threatens to jeopardize condo conversions throughout the city.

Developers’ attorney Evelyn Heidelberg said her clients will seek the $12,000 in court costs that they have incurred because of the lawsuit.

The activist groups’ lawsuit claims that the city is violating state law by not requiring a study on the cumulative impacts that the thousands of condo conversions have had on parking, air quality and the environment.


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