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SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO — The race between two Democrats vying to become San Diego's next mayor is neck and neck, according to a new scientific poll.The ABC-10News Union-Tribune poll shows State Assemblyman Todd Gloria leading City Councilwoman Barbara Bry 39 percent to 38 percent, with 24 percent undecided. The results are well within the SurveyUSA poll's 5.3 percent margin of error. The race is even closer now than it was a month ago, when a similar poll showed Bry leading Gloria 37 percent to 34 percent, also within the margin of error. While both are Democrats, the poll showed Bry getting a majority of her support from Republicans and Independents, while Todd Gloria retained a lead among Democrats. "Barbara Bry is talking about neighborhood issues and slowing down the growth of San Diego, whereas Todd Gloria is talking about addressing housing and doing some growth," said Thad Kousser, a political scientist at UC San Diego. "That finds a political divide over growth that often separates moderates from liberals, or Democrats from Republicans even though both of these candidates Barbara Bry and Todd Gloria are both strong Democrats."Gloria took home 41 percent of the vote in the March primary, with Bry coming in second with 23 percent. She beat out Republican Scott Sherman by 1,189 to get into the top-two runoff, and his voters appear to be supporting her. SurveyUSA's poll shows 46 percent of Republicans voting in the mayor's race are supporting Bry, while 46 percent of independents voting in the race also plan to support Bry. Meanwhile, 24 percent of Republicans and 27 percent of independents voting in the race are supporting Gloria. Gloria's support is coming mostly from Democrats, with 53 percent of members of his own party planning to vote for him, compared to 27 percent for Bry. The remainder are undecided."There are different shades of blue within this city and this mayoral race is all about deciding what kind of Democrat San Diego will be governed by," Kousser said. In a statement, a spokesman for Gloria said they were focused on November 3. “The only poll that matters is Election Day," he said. "Our campaign will continue working hard to reach every San Diegan in every community and to earn every vote.”Bry's campaign also released a statement, saying the results were in line with their internal polling, showing the race in a dead heat. "We’re confident once voters understand the very real differences between the candidates – on issues ranging from protecting residential neighborhoods to re-starting our local economy and being independent from City Hall special interests – that we will prevail on November 3," the statement said. The poll surveyed 547 likely voters and was conducted between Oct. 1 and Oct. 5. 2762

San Antonio Spurs coach Gregg Popovich had some words to say about Fox News anchor Laura Ingraham after she told LeBron James to "shut up and dribble" on Sunday.Before Sunday's game, Popovich told reporters?he doesn't tell LeBron what to talk about any more than anyone else, calling Ingraham's comments, "an unbelievable show of arrogance for a talking head to try to tell someone else if they can speak."RELATED:?LeBron James and Kevin Durant get candid during ride-along through AkronRELATED: Fox News anchor to LeBron James: 'Shut up and dribble' 599

SAN DIEGO (CNS) - A class-action lawsuit has been filed against Legoland and its parent company for allegedly not providing refunds after the Carlsbad theme park was closed to the public due to the COVID-19 pandemic.The suit was filed Monday in San Diego federal court on behalf of Los Angeles County resident Joyce Case against Merlin Entertainments Limited, which operates Legoland, Tussauds Hollywood, Tussauds San Francisco, the San Francisco Dungeon and Legoland Florida.The suit alleges Case purchased tickets to Legoland for a March 21 trip and ended up "one of the many consumers stuck with tickets to a canceled event who has been unable to obtain a refund," according to the complaint.Legoland representatives could not immediately be reached for comment.RELATED:San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopeningThe suit seeks refunds for all customers who paid for tickets, memberships and vacation packages that have since been canceled due to COVID- 19, and damages to compensate customers "for the loss of use of their money during a time when cash is at a premium for the many families targeted by Defendants that are struggling to get by."The complaint states that the terms and conditions of agreements to purchase tickets to Legoland and other Merlin Entertainments Parks hold that if events are canceled, refunds must be paid."Closing of these venues, and cancellation of these events, should have meant that ticketholders were promptly refunded their money -- money that in many cases was very much needed for other purposes," the complaint states. "But that did not happen for customers, who bought tickets, memberships, and vacation packages for Defendants' attractions. Instead, Defendants failed to honor and perform their duties, responsibilities, and obligations under their uniform standardized agreements with their customers, thereby breaching their contracts, but nonetheless pocketed their customers' money and converted it for their own use."A similar class-action lawsuit was filed against SeaWorld last month in San Diego federal court. In that suit, SeaWorld is accused of continuing to charge monthly membership fees to customers during the park's closure. 2329

Sales of existing homes are up nearly 21 percent over a year ago, September sales were about 9.4 percent higher than just the month before.The National Association of Realtors says there were more than 6.5 million sales of single-family homes, townhomes, condominiums and co-ops in the month of September. The median price for these sales was 1,800. The monthly median sale price has increased for 103 months in a row, according to the NAR.There were 5.4 million sales of existing homes in September 2019, with a median sale price of 1,500.Home-buying continues to be a bright spot in the economy during the coronavirus pandemic."Home sales traditionally taper off toward the end of the year, but in September they surged beyond what we normally see during this season," said Lawrence Yun, NAR's chief economist, in a press release. "I would attribute this jump to record-low interest rates and an abundance of buyers in the marketplace, including buyers of vacation homes given the greater flexibility to work from home."In fact, the NAR says sales in so-called vacation destination counties have increased 34 percent year-over-year.However, supply is dwindling. The NAR estimates there is only about a 2.7-month supply of unsold existing homes given the current sales pace. That’s down from a 3-month supply in August and a 4-month supply from a year ago."There is no shortage of hopeful, potential buyers, but inventory is historically low," Yun said. "To their credit, we have seen some homebuilders move to ramp up supply, but a need for even more production still exists."For homes being listed for sale, about 70 percent were on the market for less than a month. 1683