California Court of Appeal

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Citizens for Planning Responsibly v. County of San Luis Obispo, B206957

The trial court order issuing a writ of mandate invalidating an initiative measure amending a county's general plan and zoning regulations to permit a mixed use development near a county airport and prohibiting its enforcement is reversed where: 1) the initiative is within the power of the electorate and is legislative in its nature; and 2) the initiative measure is not preempted by the State Aeronautics Act as the Act does not fully occupy the field of land use regulation near airports and does not delegate exclusive authority to the board of supervisors to make land use decisions in an airport land use plan area.

Appellate Information

  • Decided 08/04/2009
  • Published 08/04/2009

Judges

  • PERREN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bingham McCutchen LLP, Stephen L. Kostka, Barbara J. Schussman and Marie A. Cooper, Walnut Creek, for Appellants San Luis Obispo Marketplace Associates LLC;  Ernest F. Dalidio, Jr., and Clara B. Dalidio., Andre, Morris & Buttery, Michael J. Morris and Dennis Law, San Luis Obispo, for Appellants Ernest F. Dalidio, Jr., and Clara B. Dalidio.

  • For Appellees:
  • Warren R. Jensen, County Counsel, James B. Orton, Deputy County Counsel, for Appellants and Respondents County of San Luis Obispo and Board of Supervisors of the County of San Luis Obispo., Shute, Mihaly & Weinberger LLP, Rachel B. Hooper, Ellison Folk and Kevin P. Bundy, San Francisco, for Respondents Citizens for Planning Responsibly and Environmental Center of San Luis Obispo County.
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