Del Oro Hills v. City of Oceanside

The initial questions posed by this appeal as to the validity of a residential growth control initiative, chapter 32A of the City of Oceanside Municipal Code, commonly known as Proposition A (Prop. A), adopted by the voters of the respondent City of Oceanside (the City), were answered by this court in our opinion filed July 19, 1994, in Building Industry Assn, (also referred to as BIA) v. City of Oceanside (1994) 27 Cal.App.4th 744 [ 33 Cal.Rptr.2d 137 ] (hereafter Building Industry II or the BIA opinion). In the BIA matter, with which this case was consolidated, the City obtained judgment in its favor in a three-phase court trial on BIA’s complaint as to the validity of Prop. A. We reversed that judgment because under the standards set by Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531 [ 277 Cal.Rptr. 1 , 802 P.2d 317 ] (Lesher), Prop. A is facially, and as applied, in conflict with the City’s general plan and with state planning and zoning law. (Gov. Code, § 65000 et seq.) We thus found that initiative measure invalid from its adoption date.

This appeal by Del Oro Hills, a partnership (Del Oro), of summary adjudication and judgment entered…