News & Analysis as of

Municipalities Referendums

Snell & Wilmer

Arizona Supreme Court Affirms Citizens’ Broad Rights to Propose Local Ballot Measures

Snell & Wilmer on

The Arizona Supreme Court recently held in Roundtree v. City of Page that the circumstances under which citizens can place a local initiative measure on the ballot are very broad, so long as they propose something that may be...more

Perkins Coie

Municipal Water Rates are Protected from Referendum Challenges

Perkins Coie on

The California Supreme Court ruled that water rates and other local utility charges are considered “taxes” for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process....more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Bricker Graydon LLP

Lake Erie Bill of Rights found “unconstitutionally vague” by Northern District of Ohio

Bricker Graydon LLP on

Drewes Farms Partnership and State of Ohio v. City of Toledo, Case No. 3:19-cv-434, Doc. 63 (N.D. Ohio Feb. 27, 2020). The Lake Erie Bill of Rights (LEBOR) was invalidated by U.S. District Judge Jack Zouhary of the...more

Best Best & Krieger LLP

Citizens’ Initiative Power Cannot Intrude on Public Agency’s Express Authority

Initiatives that Would Change County Government Structure Not Allowed, Calif. Appellate Court Rules - Proponents of a series of initiatives that would dramatically impact San Bernardino County submitted notices of intent...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

Perkins Coie

A Resolution to Dissolve a Fire District is Not Subject to Referendum

Perkins Coie on

The court of appeal held that a fire district’s resolution to dissolve the district was not a legislative act subject to voter referendum. Southcott v. Julian-Cuyamaca Fire Protection District, No. D074324 (4th Dist., Mar. 7,...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

Perkins Coie on

The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

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