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State Constitutions State and Local Government Referendums

Snell & Wilmer

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

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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

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

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As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...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

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

Miller Starr Regalia

Court Excuses County Counsel From Preparing Ballot Titles and Summaries for Proposed Initiatives That Intrude on Matters Reserved...

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Despite well-settled limits on California’s constitutional initiative and referendum powers, the courts continue to be faced with ballot measures that test those boundaries. ...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

Snell & Wilmer

Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

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Arizona’s Constitution gives electors in cities, towns, and counties the ability to refer legislation that was enacted by their local elected officials to the ballot for popular vote. Ariz. Const. art. IV, Pt. 1 § 1(8). But...more

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