A state judge refused Wednesday to throw out a lawsuit that would have nullified a 2014 ballot measure requiring developers to seek voter approval for any project on port land that exceeds height limits.

San Francisco Superior Court Judge Suzanne Bolanos denied the city’s request that the lawsuit by the California State Land Commission be thrown out. Bolanos did dismiss one of the state’s claims, but allowed portions of the lawsuit to proceed.

Jon Golinger, the Telegraph Hill resident who led the Prop. B campaign, called the ruling “a mixed bag.” He said the judge clearly stated that “voters do have a say in what happens on the waterfront, and that is pretty significant.”

“The case goes on and Prop B remains in effect,” he said.

City Attorney Dennis Herrera said that he was pleased that the court dismissed the state’s claim that Prop. B conflicts with the City Charter.

“This ruling upholds the power of San Francisco and its voters over building heights on the city’s waterfront, and is in keeping with over 45 years of land use regulation in San Francisco,” he said.. (more)