When it comes to getting an approval for expansion of the James A. Musick Jail, both sides are coming at it gloves off.  The city of Irvine, however, has been knocked out in the latest round.

Elected officials were hoping their appeal to the Fourth District Court would quash the project, arguing it should have been reviewed under the California Environmental Quality Act.   The justices disagreed and have said at this point, Orange County has merely applied for state funding.  Construction, they said, is not yet moving forward.

Irvinians have long disputed the need to add bed space to the minimum security jail, noting concerns about the facility housing more serious criminals and the dangers this would pose to the surrounding community.

On the flip side of that coin, Orange County is reportedly under serious pressure to relieve inmate overcrowding, which has been a problem since the state's prisoner realignment took effect in Oct. 2011.   They point out the facility lies on about 100 acres of county-owned land and feel the county has the right to expand the jail as they see fit.

The City of Irvine disagrees, according to sources within City Hall, and feels the facility is already big enough.

Both sides are continuing to square off and are ready to fight this battle to the finish.

The James A. Musick Jail was first opened more than 40 years ago.  At that time it was rated to hold up to 700 low-level inmates.  Orange County feels the facility can be expanded to house 1,250 detainees and have been trying to get this project off the ground since 1996.

Back then, the city of Irvine filed a lawsuit after an Environmental Impact Report was complete.   They won the initial lawsuit but a Court of Appeals later ruled the project was compliant.  Construction later fell apart due to insufficient funding.

Approximately 13 years later the James A. Musick Jail took a second look at the project after additional state funding became available.  These plans were later nixed after Orange County learned they'd still need to pick up 25% of the tab.

Today, that legislation has been amended.  Now that the county will only need to shell out 10% toward construction costs, they are seeking state grant funding in order to proceed.

The Justices have ruled the James A. Musick Jail will have up to a year to bring the project to CEQA compliance, and that there are no guarantees the money will be granted.