Mapstead

In this case we determine that appellant Tony Anchundo, the Monterey County Registrar of Voters (Registrar), correctly certified that a referendum petition contained insufficient signatures for placement on the ballot. Under the particular circumstances of this case, however, we hold that the controversy has become moot by virtue of the intervening election, and deny the request of Rancho San Carlos Partnership (RSC) to treat the election as a nullity. The appeal from the judgment is therefore dismissed. We reverse the trial court’s order awarding attorney fees.

I. Factual and Procedural Background

The facts of this case are essentially undisputed. On February 6, 1996, the Monterey County Board of Supervisors (Board of Supervisors) adopted Ordinance No. 03857, entitled “An Ordinance Amending Title 21 of the Monterey County Code to Reclassify Certain Properties in the County of Monterey” (Ordinance). The Ordinance adopts certain rezoning for portions of the property commonly known as Rancho San Carlos. In response to the Board of Supervisors’ action, a referendum petition was circulated in Monterey County protesting the adoption of the Ordinance.

The referendum…