California Court of Appeal

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City of Morgan Hill v. Bushey, 043426

In a challenge to the trial court's grant of a petition removing from the June 2016 ballot Coalition's referendum challenging Citys ordinance changing the zoning for a parcel owned by real party in interest, the trial court's grant of the CIty's petition is reversed where a referendum petition challenging an ordinance that attempts to make the zoning for a parcel consistent with the parcel’s general plan land use designation is not invalid if the legislative body remains free to select another consistent zoning for the parcel should the referendum result in the rejection of the legislative body’s first choice of consistent zoning.

Appellate Information

  • Decided
  • Published 2017/05/30




  • California Court of Appeal