San Diego appeals court ruling allowing Blackwater to operate in Otay

Union Tribune (2008-07-03) Ronald Powell

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More Info: Blackwater Otay

The city of San Diego filed an appeal Thursday of a federal court ruling last month that allowed Blackwater Worldwide to operate a military training facility in Otay Mesa.

The legal challenge was filed in the U.S. Court of Appeals for the Ninth Circuit.

On June 17, U.S. District Judge Marilyn Huff ruled in favor of Blackwater in a lawsuit in which it alleged the city interfered with its permits for an indoor Navy training center in Otay Mesa. The judge ruled the city did not have the right to hold public hearings on the project.

Blackwater, a government contractor, is now trying to force the city to issue a certificate of occupancy, changing the building's designated use from warehouse to military training facility, City Attorney Michael Aguirre said. The city is balking.

Aguirre said the judge erred in her ruling, disrupting the city's land use process that includes public hearings on proposed projects.

“If we have individuals operating war training facilities in the middle of a business park, as proposed here, with absolutely no security whatsoever, that dramatically and radically changes land-use patterns,” Aguirre said.

Aguirre said he is seeking an expedited hearing on the appeal.