DeVita v. County of Napa

9 Cal. 4th 763, 889 P.2d 1019, 38 Cal. Rptr. 2d 699 (1995)

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DeVita v. County of Napa

California Supreme Court
9 Cal. 4th 763, 889 P.2d 1019, 38 Cal. Rptr. 2d 699 (1995)

Facts

Napa County, California (the county) (defendant) had a general plan that governed planning decisions related to land use and development within the county. In 1990, county voters approved Measure J, an initiative that re-enacted both existing plan provisions related to agricultural land and various policies intended to preserve the county’s agricultural emphasis. Measure J also amended the general plan to include an anti-amendment provision, which stated that for the next 30 years, the approved plan could not be amended by the county and its board of supervisors (board) (defendant) without voter approval. In effect, the amendment made the redesignation of agricultural land contingent on voter approval, limiting the usual authority of the board to make such decisions. In 1991, various parties, including county resident Richard DeVita (plaintiffs) sued the county and the board. They argued, among other things, that general plans could not be amended by an initiative, such as Measure J. The trial court held in the county’s favor, upholding the validity of Measure J. The court of appeal affirmed, prompting appeal to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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