Daly

The City of Atascadero (City) filed a complaint for declarative relief and an injunction against Kathleen E. Daly and two other named defendants (appellants). The cause of action for declarative relief sought a declaration of invalidity of a proposed ordinance and of the nonavailability of the initiative process for the purpose of enacting the ordinance.

Appellants filed an answer which sought a declaration that the proposed ordinance was valid and that the City should either adopt it or set it for special election. Attorney fees were asked for, as well as “For such other and further relief as the Court deems proper in the circumstances ...."

An order to show cause was set to determine whether a preliminary injunction should be issued. At the hearing thereon, the City abandoned its request for injunctive relief. The parties stipulated that a controversy existed and submitted the validity of the ordinance to determination by the court. A hearing was held on the issue thus framed. The trial court found the proposed initiative ordinance invalid.

It should be stressed at the outset that the validity of the initiative ordinance was the only issue before the trial court and…