The Unified Port of San Diego will appeal a San Diego Superior Court judge’s go ahead for a November ballot initiative that would pave the way for commercial development on top of the 10th Avenue Marine Terminal.

A group of developers has gathered enough signatures for a ballot proposal to build a multi-billion dollar, 40-foot high, 96-acre structure above the terminal that could eventually hold a wide array of commercial developments from hotels and restaurants to a new sports venue.

Last month the port filed a lawsuit that sought a court injunction to kill the proposal, which would effectively take away planning authority from the port commissioners. The suit argued that the port has exclusive jurisdiction over San Diego Bay and its tidelands.

Judge Ronald Styn ruled against the port on Thursday, saying that while he is not “pre-judging” the merits of the port’s case, its arguments do not justify withholding the initiative from the ballot.

DAVID WASHBURN

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