Munson

Munson v. City of Eureka CA1/2

Good Law
Court of Appeal of CaliforniaDecember 3, 2025A172094MCalifornia1,754 words

Opinion

Opinion

Miller, J.

BACKGROUND

Plaintiffs were the official proponents of an initiative for “changes to the City’s General Plan relating to residential housing and public parking in the City’s downtown area.” They submitted an initiative petition with signatures to the city clerk on August 28, 2023. Elections Code section 9210, subdivision (b),1 requires an election official to examine and determine the number of signatures affixed to an initiative petition. On September 28, 2023, the City notified plaintiffs that examination of the petition signatures was complete and the matter would be placed on the next regular city council agenda for its October 17,2023 meeting. Sections 9114 and 9115, subdivision (f), require an election official to certify the results of the examination “at the next regular meeting of the board.” On October 3, 2023, plaintiffs sent a letter to the City contending that its “impending failure” to certify the results at its council meeting later that same evening would violate section 9115. The City responded that it could not put the matter on for October 3rd because that agenda had already been published, and section 9115 could not be reasonably interpreted to conflict with…

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