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California Courts Refine the Limits of Ballot Power in Land Use Decisions

Hand Of A Person Casting A Ballot At A Polling Station

A pair of recent decisions have added new detail to the possibilities and limitations of ballot measures. In City of Morgan Hill v. Bushey, the California Supreme Court held that voters may use a referendum to invalidate a jurisdiction’s zoning amendment – even where it creates an inconsistency between the zoning ordinance and the general plan. In Ctr. For Community Action and Environ. Justice v. City of Moreno Valley, the 4th District restricted the scope of initiatives, holding that development…

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