California Supreme Court Watch

Aug 30, 2017
#17-261 City of Morgan Hill v. Bushey, S243042. (H043426; 12 Cal.App.5th 34; Santa Clara County Superior Court; CV292595.)

#17-261 City of Morgan Hill v. Bushey, S243042. (H043426; 12 Cal.App.5th 34; Santa Clara County Superior Court; CV292595.) Petition for review after the Court of Appeal reversed the judgment in an action for writ of administrative mandate. This case presents the following issue: Can the electorate use the referendum process to challenge a municipality’s zoning designation for an area, which was changed to conform to the municipality’s amended general plan, when the result of the referendum — if successful — would leave intact the existing zoning designation that does not conform to the amended general plan?

Review granted: 08/23/2017

See the California Court of Appeal opinion