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Lesher Communications v. City of Walnut Creek

802 P.2d 317 (1990)

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Lesher Communications v. City of Walnut Creek

California Supreme Court
802 P.2d 317 (1990)

RW

Facts

California law required a municipality such as the city of Walnut Creek (defendant) to conduct a deliberative process culminating in the adoption of a comprehensive general zoning plan. Walnut Creek’s plan anticipated and planned for rapid population growth. However, without undertaking a new deliberative process or explicitly amending the general plan, Walnut Creek voters approved Measure H, a ballot initiative intended to limit the city’s growth. Lesher Communications, Inc. and other opponents of Measure H (opponents) (plaintiffs) sued Walnut Creek to stop Measure H’s implementation. The trial court invalidated Measure H and prohibited its enforcement. On appeal, an intermediate appellate court reversed the trial court and reinstated Measure H. The opponents appealed to the California Supreme Court. While the appeal was pending, the city council amended the general plan by incorporating the substance of Measure H. The opponents filed a second lawsuit to overturn the council’s action.

Rule of Law

Issue

Holding and Reasoning (Eagleson, J.)

Dissent (Mosk, J.)

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