Newport Beach is asking a judge to throw a developer-funded ballot measure off the November election, arguing organizers broke state notice rules when they gathered signatures. If OC Superior Court Judge Julianne Bankcroft doesn't rule by Friday, Aug. 28, the measure prints automatically.
The Responsible Housing Initiative would scrap the city's current state-approved housing plan, which zones for more than 8,000 new homes, and replace it with one allowing 2,900 units. The effort was bankrolled almost entirely by one donor: Ken Picerne, CEO of the Picerne Group and one of Newport Beach's largest developers, who contributed nearly $1 million, according to Voice of OC.
The city's argument
In a legal brief filed in June, city attorneys argued that initiative proponents failed to properly publish notice of the measure in a newspaper and post it at required locations before circulating petitions. The brief goes further, stating that "because the Initiative is beyond the power of the electorate to adopt, it cannot be placed on the ballot."
The lawsuit names OC Registrar of Voters Bob Page as the defendant.
In a separate press release, City Attorney Aaron Harp said the action "is not about the merits of the initiative itself" but about "obtaining a timely and impartial judicial determination regarding whether the legal requirement established by the Legislature was satisfied."
City spokesperson Georgia Rios said in a written statement that the suit seeks clarification on compliance with statutory publication and public notice requirements.
The other side
The Newport Beach Stewardship Association, the group promoting the initiative, filed an opposition through its attorney, Winston Stromberg. The NBSA argued the initiative complies with state laws, puts Newport Beach on a path toward more responsible growth and better reflects residents' preferences.
The association's filing highlights that the City Council itself voted unanimously in November 2025 to place the measure on the ballot after organizers gathered nearly 9,000 signatures.
Registrar Page, meanwhile, said in a July 29 written statement that he is not the elections official for city measures. His office verified signatures but did not certify the petition as sufficient. That role belongs to the city clerk, Page wrote.
Neither Stromberg nor Picerne responded to Voice of OC's requests for comment. Newport Beach staff did not respond to questions about Page's statement.
How it got here
When the council voted to send the initiative to voters in November 2025, two members spoke against it on the merits while agreeing organizers had earned ballot access.
"Why is the person that has the most apartments under construction funding a voter initiative to stop anyone else from building anything?" Councilman Noah Blom said at that November 2025 meeting, according to Voice of OC. Blom noted Picerne's own apartments are under construction in the airport district.
Councilwoman Robyn Grant warned the initiative could put the city at risk of state penalties, including loss of local land-use control.
What's at stake
If the initiative passes and Newport Beach adopts a housing plan that falls short of state mandates, the city could face a lawsuit from Sacramento. Neighboring Huntington Beach faced monthly fines for lacking a compliant plan, and Attorney General Rob Bonta recently sued Costa Mesa over the same issue.
A city staff report estimated it would cost up to $143,606 to put the measure on the ballot.
Judge Bankcroft's ruling is expected before Friday, Aug. 28. Residents can monitor the case through the OC Superior Court docket.
