SAN DIEGO – A proposal to build a deck over the downtown 10th Avenue Marine Terminal can go before voters on the Nov. 4 ballot, a judge ruled Thursday.

Superior Court Judge Ronald Styn listened to attorneys for the San Diego Unified Port District, which opposes the plan, and an attorney for developers Richard Chase and Frank Gallagher, backers of the initiative, before deciding that voters have a constitutional right to decide the issue at the polls. Chase and Gallagher had paid to gather signatures to force the initiative onto the November ballot over the objection of the port, which sued to block the election.

Gallagher said following the ruling that he is happy that voters in the five port cities of San Diego, National City, Chula Vista, Coronado and Imperial Beach will have the right to decide the fate of the plan.

Approval by a majority of voters in each city is required for passage.

However, port officials said Thursday night they will appeal the decision.

The port argued that the initiative violates state law that gives the Port Commission jurisdiction over development at the terminal, located on state tidelands.

If the initiative passes, the deck could host any of several developments,including a hotel, a stadium, a sports arena or an expansion of the nearby San Diego Convention Center.

Port tenants say the deck would be incompatible with maritime business.

Gallagher has said that his group would sit down with the city, the port, tenants, labor, waterfront businesses and environmentalists to work out a development plan.