Lafayette
Lafayette v. City of Lafayette
Opinion
lead Opinion
Ruvolo, J.
*239 *660 I.
INTRODUCTION
Appellants Save Lafayette and Michael Griffiths appeal the trial court's denial of their petition for a peremptory writ of mandate requiring respondent City of Lafayette (the City) to submit appellants' referendum to a public vote. The City amended its general plan to allow for a residential development in an area formerly designated as administrative and office space. After the time to challenge the general plan amendment had passed, the City enacted a *661 zoning ordinance to rezone the property to single-family residential. Appellants collected signatures and properly filed a referendum to place the zoning ordinance on the ballot. The City refused to place the referendum before the voters because it believed if the referendum were successful it would be invalid since it would resurrect the former zoning ordinance that was inconsistent with the amended general plan. The trial court agreed and denied appellants' petition.
We reverse the trial court and conclude that the referendum was not invalid and the issue must be placed on the ballot for a vote by the citizens of Lafayette. We further remand for the trial court to consider appellants' request for…