Sylva

Sylva v. Board of Supervisors

Good Law
1989 Cal. App. LEXIS 173·208 Cal. App. 3d 648·256 Cal. Rptr. 138
Court of Appeal of CaliforniaJanuary 31, 1989A040464California2,219 words

Opinion

Opinion

King, J.

In this case we are called upon to determine whether proponents of a referendum petition collected the requisite number of signatures to suspend the adoption of a county ordinance and force the legislative body to either reconsider the ordinance or submit it to the voters for approval. We are asked by plaintiffs, the proponents of the referendum petition, to interpret the requirement set out in Elections Code section 3753 that the petition contain “10 percent of the entire vote cast within the county for all candidates for Governor at the last gubernatorial election” to validate a petition containing 10 percent of the votes cast at a gubernatorial primary. Defendants, who prevailed below, insist that the basic figure from which the requisite number of signatures must be computed can only be the entire vote cast at the last gubernatorial general election. We concur with this latter interpretation and affirm.

The facts are not contested. On October 14, 1986, Board of Supervisors (hereinafter Board) duly adopted a revised zoning ordinance. The ordinance was to become effective on November 13, 1986, 30 days after it was adopted, unless a referendum petition satisfying the…

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