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BUILDERS ASSN. OF SANTA CLARA-SANTA CRUZ CTY. v. S.C.

Docket No. S.F. 23085.

13 Cal.3d 225 (1974)

529 P.2d 582

118 Cal. Rptr. 158

BUILDERS ASSOCIATION OF SANTA CLARA-SANTA CRUZ COUNTIES, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CITY OF SAN JOSE et al., Real Parties in Interest.

Supreme Court of California. In Bank.

December 26, 1974.

Attorney(s) appearing for the Case

COUNSEL

Mager, Matthews & Neider, Robert S. Sturges, Robert C. Burnstein and Roger J. Marzulla for Petitioner.

No appearance for Respondent.

Peter G. Stone, City Attorney, Collins, Hays, Stewart, Sanford & Latta, Walter V. Hays, William M. Siegel, County Counsel, and Charles F. Perrotta, Deputy County Counsel, for Real Parties in Interest.

Evelle J. Younger, Attorney General, Robert H. O'Brien, Assistant Attorney General, Nicholas C. Yost and E. Clement Shute, Jr., Deputy Attorneys General, as Amici Curiae on behalf of Real Parties in Interest.

OPINION

TOBRINER, J.

Suffering from serious overcrowding in local schools, the result of explosive residential development during the past decade, and concerned with the inability of the school district to keep pace with the anticipated influx of new residents, the voters of the charter city of San Jose enacted an initiative ordinance to restrict the zoning of land for residential use for...

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