Mon.Jun 22, 2020

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The California Supreme Court’s Decision In City of Morgan Hill v. Bushey Will Not End City Planning

SCOCAblog

Overview In City of Morgan Hill v. Bushey, the California Supreme Court granted citizens the right to challenge zoning ordinances by referendum — even though a successful referendum would reject zoning that conformed with an amended general plan and leave inconsistent zoning in place.[1] Bushey resolved a tension between honoring the electorate’s constitutional referendum power and state land use law requiring zoning be consistent with the general plan.[2] The decision held that the referendum p