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SIMAS v. CITY OF OAKLAND

Docket No. 16698.

142 Cal.App.2d 302 (1956)

298 P.2d 149

WALTER SIMAS, Respondent, v. THE CITY OF OAKLAND et al., Appellants.

Court of Appeals of California, First District, Division One.

June 18, 1956.

Attorney(s) appearing for the Case

John W. Collier, City Attorney, and Robert E. Nisbet, Deputy City Attorney, for Appellants.

Healy & Walcom, Healy & Martin and Franklin A. Dill for Respondent.

WOOD (Fred B.), J.

[1] The sole question is whether or not the Oakland City Council had power by resolution to submit to a referendum vote at the ensuing general municipal election, an initiative ordinance which it had just passed.

The initiative provisions of the charter appear in Article XXI, comprising sections 162-176. Section 164 provides that if the initiative petition is signed by electors equal in number to 15 per cent of the vote cast...

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