Santa Clara County Superior Court Judge Kevin E. McKenney dismissed the CCC's petition seeking a special election. The grassroots group had sought an election on its three initiatives that would limit Cupertino growth. The initiatives center on building heights and density, and the setbacks of buildings from the street.

The city had estimated the cost to hold a special election would be more than $350,000. And consultants hired by the city also determined the initiatives would violate state housing laws, deplete the city's general fund and frustrate future business development. As a result, the city council denied the request for a special election.

In his Feb. 17 decision, McKenney ruled in favor of that decision. In particular, he concluded the CCC had not specifically requested a special election as a part of its petition for the initiatives. The judge added that the city council was within its rights to put the initiatives on the ballot for the next general municipal election, which will be held Nov. 8, 2005.

At this time the CCC has not yet decided whether to appeal the decision. The group has also alleged Cupertino's city council violated state open meetings laws. A court hearing on this allegation has been scheduled for April.