Molloy v. Vu
Annotate this CaseThe San Diego County (County) Board of Supervisors approved an amendment to the County's general land use plan, which would have allowed for the development of over 2,100 homes in a previously designated rural area of the County. Residents opposed to the change in land use circulated a referendum petition and gathered enough signatures to have the matter placed on an election ballot. To prevent an election, the land developer filed a petition for writ of mandate, contending the referendum petition was illegal and void as a matter of law. The court denied the writ petition. The issues this case presented for the Court of Appeal's review were: (1) whether the referendum petition complied with the full text requirement under Elections Code section 91471; and (2) the referendum petition's legality in challenging a single legislative act even though the Board of Supervisors executed several concurrent, associated legislative acts. Finding no reversible error in the trial court's judgment, the Court of Appeal affirmed.
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