Referendum Committee v. City of Hermosa Beach

Bad Law
184 Cal. App. 3d 152·1986 Cal. App. LEXIS 1901·229 Cal. Rptr. 51
Court of Appeal of CaliforniaAugust 8, 1986B014109California3,594 words

Opinion

Opinion

McCLOSKY, J.

Defendants City of Hermosa Beach, City Council of the City of Hermosa Beach, Office of the City Clerk of the City of Hermosa Beach, Kathleen Reviczky, City Clerk of the City of Hermosa Beach (collectively city appellants) and real party in interest Greenwood/Langlois (Greenwood), a general partnership, erroneously sued as Greenwood and Langlois, appeal from a judgment dated May 17, 1985, in favor of the plaintiff and respondent Referendum Committee of Hermosa Beach and from a peremptory writ of mandate issued May 17, 1985, commanding Kathleen Reviczky, City Clerk of the City of Hermosa Beach and City of Hermosa Beach not to hold the special initiative municipal election set for June 11, 1985.

Contentions

City appellants contend that (1) “[t]he plain reading of the initiative article and its underlying purposes require that the initiative election of June 11, 1985 be considered a valid exercise of municipal powers”; (2) “[t]he initiative placed before the voters of the City of Hermosa Beach on June 11, 1985 was not the same ordinance as the one previously subject to the referendum held within the last year”; (3) “[t]he trial court ruled to improperly halt the June 11,…

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