In 2017, the Court decided California Cannabis Coalition v. City of Upland, a dispute over an initiative to allow marijuana dispensaries in that city. It concluded that an initiative is not subject to some of Proposition 218’s limits on taxes proposed by city councils and county boards of supervisors. Its broad language opened the
Our Latest Quarterly Newsletter Is Out!
CHW’s quarterly newsletter on public law topics is out. You can see it here.
This issue has articles on:
- A landmark Court of Appeal decision reducing the number of votes required to adopt an initiative special tax;
- A new statute governing redistricting after 2020 Census data are available next March; and,
- A recent win
Too little, too late for post-election challenge to ballot question and materials
The First District Court of Appeal recently ordered published its decision in Denny v. Arntz in which it ruled that statutory challenges to the sufficiency of ballot materials cannot be made post-election. The ruling helpfully construes Elections Code section 16100 to exclude post-election challenges based on alleged flaws in the ballot question and voter information…
The Worth of Water?
Ben Franklin famously said: “When the well is dry, we know the worth of water.” Today’s Supreme Court decision in Wilde v. Dunsmuir is an important win for public utilities and local governments promising stability in local finance. [Disclosure: I argued the case for five local government associations.]
Specifically, it holds that water rates…
Vesting map trumps voter initiative
The California Court of Appeal for the Second Appellate District held that a city’s approval of a vesting tentative map is binding on the city even if the property covered by the map is located in a coastal zone subject to the jurisdiction of the California Coastal Commission. Other parts of the opinion addressing ripeness…
Santa Monica’s Expensive California Voting Rights Act Victory
The LA Court of Appeal issued a published appellate victory for the City of Santa Monica in its effort to avoid being compelled to elect its Council from districts under the California Voting Rights Act. It is the first city to win such a victory and it did so at great expense — the…
Voting in the time of COVID-19: vote early, vote by mail
Elections in the time of COVID-19 are, have been, and will be different. This year, under special legislation and Executive Order, every voter in California will be mailed a ballot for the November 3, 2020 presidential election. Ballots must be mailed and postmarked on or before election day and must be received by county…