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SAN DIEGO BLDG. CONTRACTORS ASSN. v. CITY COUNCIL

Docket No. L.A. 30250.

13 Cal.3d 205 (1974)

529 P.2d 570

118 Cal. Rptr. 146

SAN DIEGO BUILDING CONTRACTORS ASSOCIATION et al., Plaintiffs and Respondents, v. CITY COUNCIL OF THE CITY OF SAN DIEGO, Defendant and Appellant.

Supreme Court of California. In Bank.

December 26, 1974.

Attorney(s) appearing for the Case

COUNSEL

John W. Witt, City Attorney, and Thomas F. Calverley, Deputy City Attorney, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Dennis A. Antenore, Deputy Attorney General, Tully H. Seymour, City Attorney (Laguna Beach), William M. Wilcoxen, Webb, Welles, Isaac & Freedman, Webb & Isaac and James R. Webb as Amici Curiae on behalf of Defendant and Appellant.

White, Price, Peterson & Robinson, Paul A. Peterson, Peter P. Gamer and James B. Mehalick for Plaintiffs and Respondents.

Acret & Perrochet, Harry N. Zavos and James M. Baratta as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

TOBRINER, J.

In this case we must determine whether the voters of San Diego, and, more generally, the electors of any charter city in California, may validly enact a zoning ordinance through the initiative process. Plaintiffs, building contractor associations, contend that the provisions of both the San Diego City Charter and the "due process" clause of the federal Constitution preclude the city from adopting any zoning ordinance...

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