The San Diego Daily Transcript reports that the court found Aguirre’s appeal was filed prematurely because issues still needed to be resolved at the lower court level. Aguirre filed the appeal in April after a San Diego Superior Court dismissed a majority of the case in 2007, saying the one-year statute of limitation on state conflict of interest laws had expired. (See Aguirre Fights on in San Diego Pension Controversy)
Aguirre has been fighting to repeal approximately $900 million in benefits he claims were illegally granted in 1996 and 2002. According to the Daily Transcript, Aguirre says he will seek an expedited trial date for the newly remanded case.
In another decision on Thursday, a San Diego Superior Court judge ruled that the city of San Diego does not have to pay a $40 million shortfall resulting from the purchase of service credits. This first legal victory for Aguirre comes after he was voted out of office in this month’s election (See San Diego’s Aguirre Turned out of Office as City Attorney).