Ctr. for Cmty. Action & Envtl. Justice v. City of Moreno Valley

*298 I

INTRODUCTION

In 2015, the City of Moreno Valley (the City) adopted an initiative to approve a development agreement in connection with the World Logistics Center (WLC) project. The WLC developers are known collectively as Highland Fairview (with the City, Respondents). 1 The Center for Community Action and Environmental Justice and other environmental groups (Appellants) 2 petitioned for a writ of mandate, contending that adoption of a development agreement by initiative violated the development agreement statute ( Gov. Code § 65864, et seq. ) 3 and article II, section 12 of the California Constitution, which bars an initiative that "names or identifies any private corporation to perform any function or to have any power or duty." The trial court denied Appellants' petitions, and they appealed.

We conclude that the Legislature intended to exclusively delegate approval of development agreements to local legislative bodies and to make such approval subject to referendum, but not to initiative. The development agreement initiative adopted by the City is therefore invalid. Based on the foregoing conclusions, we need not resolve Appellants' constitutional argument. We reverse…