Civil Litigation,
Government,
California Supreme Court
Sep. 5, 2018
Referendum can lead to zoning inconsistent with general plan
The California Supreme Court heldthat a referendum challenging a zoning ordinance amendment seeking to make the ordinance consistent with the general plan is valid, even when the referendum would result in the zoning being inconsistent with the general plan.
The California Supreme Court held in City of Morgan Hill v. Bushey, 2018 DJDAR 8455 (Aug. 23, 2018), that a referendum challenging a zoning ordinance amendment seeking to make the ordinance consistent with the general plan is valid, even when the referendum would result in the zoning being inconsistent with the general plan, because the referendum falls within the reasonable time exception under Government Code Section 65860(c).
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