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VALENTINE v. TOWN OF ROSS

Docket No. 33037.

39 Cal.App.3d 954 (1974)

114 Cal. Rptr. 678

PETER B. VALENTINE, Plaintiff and Respondent, v. TOWN OF ROSS et al., Defendants and Appellants.

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

June 21, 1974.

Attorney(s) appearing for the Case

COUNSEL

Riede, Elliott, Brekhus & Riede and Peter B. Brekhus for Defendants and Appellants.

Douglas J. Maloney, County Counsel (Marin), Thomas G. Hendricks, Chief Deputy County Counsel, and Allen A. Haim, Deputy County Counsel, as Amici Curiae on behalf of Defendants and Appellants.

Ferguson & Capron and Douglas P. Ferguson for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

In mandate proceedings commenced by Peter B. Valentine the superior court directed appellants Town of Ross and Virginia Stott, its clerk, to repeal the town's Resolution 901 or "submit it to a vote of the electorate, per Election Code sections 4051 and 4052," dealing with the people's right of referendum. The appeal is from the judgment directing the peremptory writ to issue.

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