California Court of Appeal

In a suit involving a measure passed by the Town's electorate in a special election (Initiative) that amended the general plan to allow for a 30-acre commercial development, which would include a Walmart Supercenter, filed against the Town and Walmart, alleging violations of the Ralph M. Brown Act, Government Code section 54950 et seq., for actions taken at the Town's council meeting, and that the Initiative violated the California Constitution, article II, section 12, the trial court's grant of summary judgment to plaintiff is: 1) affirmed in part where summary judgment was properly granted on the violation of the Brown Act, which invalidates the special election on the Initiative, and the Initiative as written did not violate article II, section 12; and 2) reversed in part as to the award of costs where the memorandum of costs was filed late without a showing by counsel that such late filing was due to mistake of law, inadvertence, or surprise.

Appellate Information

• Published 2017/01/05

Judges

• MILLER

Court

• California Court of Appeal

Counsel