Hebard

Hebard v. Bybee

Good Law
65 Cal. App. 4th 1331·77 Cal. Rptr. 2d 352
Court of Appeal of CaliforniaAugust 3, 1998No. H018240California4,232 words

Opinion

Lead Opinion

Cottle, J.

In this case we determine that respondent Anne Bybee, the City Clerk of Campbell, properly rejected the sections of a referendum petition that misstated the title of the city ordinance challenged by the referendum. We agree with the trial court that the petition sections containing the misstated title neither technically nor substantially complied with the requirements of the Elections Code, and therefore affirm the judgment.

I. Factual and Procedural Background

A. Ordinance No. 1953

On December 8, 1997, the City of Campbell (City) adopted Ordinance No. 1953 (the Ordinance). The Ordinance changed the City’s general plan designation for a 24-acre parcel of land located at 535 Westchester Drive in the City, known as the “Winchester Drive-In Site.” Specifically, the Ordinance changed the designation of 19.58 acres from commercial to industrial, and the designation of 4 acres from commercial to public/semipublic.

*1335 On the same day, the city council adopted another ordinance granting real party in interest WTA Technology Park, LLC a permit to develop a research and development business park on the portion of the property that had been designated for industrial land…

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