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Referendums CA Supreme Court

Perkins Coie

Municipal Water Rates are Protected from Referendum Challenges

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The California Supreme Court ruled that water rates and other local utility charges are considered “taxes” for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process....more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

Perkins Coie on

The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Miller Starr Regalia

California Supreme Court Confirms That Referendum Petition Can Challenge Zoning Intended to be Made Consistent with General Plan

Miller Starr Regalia on

On August 23, 2018, the California Supreme Court held, in City of Morgan Hill v. Bushey, __ Cal.4th __ (2018) (Case No. S243042), that a referendum petition to challenge a zoning ordinance amendment that would bring the...more

Allen Matkins

California Supreme Court Upholds Referendum Challenges to Zoning Amendments, Even When Temporary Zoning Inconsistencies Ensue

Allen Matkins on

The California Supreme Court held last week that a referendum petition may be used to challenge a zoning ordinance amendment intended to make a city's zoning consistent with its general plan. In City of Morgan Hill v. Bushey...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

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A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - January 2017

Supreme Court Holds City Bound by Publicly Available General Plan - Orange Citizens for Parks and Recreation v. Superior Court (2016) 2 Cal.5th 141, 211 Cal.Rptr.3d 230 - Why It Matters: The California Supreme Court...more

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