EL CAJON: An Orange County judge has ruled against part of El Cajon's lawsuit over a proposed Home Depot just outside city limits, but an attorney for the city said the suit will move forward.

The city and Home Depot are challenging a decision in June by the San Diego Local Agency Formation Commission that essentially blocked plans for a new store on 14 acres on East Main Street.

The two argued that county Supervisor Dianne Jacob should have been disqualified from the state commission's vote because she had already expressed opposition to the project.

The ruling by Superior Court Judge Gail Andler, received by lawyers yesterday, said the commission's decision was legislative, not judicial, meaning Jacob was able to vote, Deputy County Counsel Ellen Pilsecker said.

Attorney Evelyn F. Heidelberg, who represents El Cajon, said the city's main claims in the lawsuit still remain. No timetable has been set on when the case will be resolved, she said. –A.K.