EL CAJON – El Cajon may have to narrow the scope of its lawsuit over a Home Depot planned for east of the city.
An Orange County Superior Court judge issued a tentative ruling Thursday that would require El Cajon to amend its complaint against the San Diego Local Agency Formation Commission.
The city sued the commission in August, alleging it unfairly blocked Home Depot's plan to build a store just outside city limits. Home Depot later filed a cross complaint.
Judge Gail Andler's ruling comes after the county requested the court throw out most of the city's claims. The commission is an independent state agency but is represented by county counsel.
Home Depot wants to build on 14 acres it owns on East Main Street. The city gave its OK in 2005, but the retailer needs the commission's approval before building. The commission denied the request in June.
To challenge the commission's request, public agencies are required to file for a writ of mandate, which would order the commission to change its decision. El Cajon did that, but also made other accusations.
Ellen Pilsecker, an attorney for the county, said the judge is asking El Cajon to remove the other accusations.
Evelyn F. Heidelberg, an attorney for the city, said she was encouraged that Andler did not immediately reaffirm her tentative ruling. A final ruling could come next week.