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TASCHNER v. CITY COUNCIL

Docket No. 12090.

31 Cal.App.3d 48 (1973)

107 Cal. Rptr. 214

VERN M. TASCHNER, Plaintiff and Appellant, v. CITY COUNCIL OF THE CITY OF LAGUNA BEACH, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

March 8, 1973.

Attorney(s) appearing for the Case

COUNSEL

Lane, Mathews, Hoag, Overholt & Bonaparte, Lane, Hoag, Overholt & Bonaparte and E. Gene Crain for Plaintiff and Appellant.

Tully H. Seymour and William M. Wilcoxen for Defendant and Respondent.

John C. Hamilton and Bruce A. Beckman as Amici Curiae on behalf of Defendant and Respondent.

OPINION

TAMURA, J.

This appeal involves the question whether a general law city may enact a building height limit ordinance through the initiative process. By a petition for writ of mandate in the court below, petitioner sought to challenge the validity of an initiative building height limit ordinance of the City of Laguna Beach. Respondent's general demurrer was sustained without leave to amend and petitioner appeals from the ensuing...

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