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WILTSHIRE v. SUPERIOR COURT

Docket No. D002990.

172 Cal.App.3d 296 (1985)

218 Cal. Rptr. 199

JONATHAN WILTSHIRE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CITY OF SAN MARCOS et al., Real Parties in Interest.

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

September 19, 1985.

Attorney(s) appearing for the Case

COUNSEL

Gray, Cary, Ames & Frye and Michael M. Hogan for Petitioner.

Clark & Gumpel, Robert C. Fellmeth and Corinne D. Clark as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

F. Mackenzie Brown, Warren B. Diven, Smith & Peltzer, Wesley W. Peltzer, Lloyd M. Harmon, Jr., County Counsel, and Leonard W. Pollard II, Deputy County Counsel, for Real Parties in Interest.

OPINION

BUTLER, J.

Rebuffed in his efforts to block approval by public agencies of construction of a solid waste disposal facility in the City of San Marcos, Jonathan Wiltshire successfully qualified an initiative measure to require voter approval of construction of such facilities and a special election was set for April 30, 1985. Proponents of the facility sought and the court issued its writ of mandate ordering the city to repeal...

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