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W.W. DEAN & ASSOC. v. CITY OF S. SAN FRANCISCO

Docket No. A033116.

190 Cal.App.3d 1368 (1987)

236 Cal. Rptr. 11

W.W. DEAN & ASSOCIATES et al., Plaintiffs and Respondents, v. CITY OF SOUTH SAN FRANCISCO et al., Defendants and Respondents; SOUTH SAN FRANCISCO CITIZENS FOR OUR MOUNTAIN, Intervener and Appellant.

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

April 7, 1987.

Attorney(s) appearing for the Case

COUNSEL

Ann Broadwell, Thomas R. Adams and Adams, Broadwell & Russell for Intervener and Appellant.

William W. Sterling, Peter H. Goldsmith, Heller, Ehrman, White & McAuliffe, Howard N. Ellman, John D. Hoffman and Ellman, Burke & Cassidy for Plaintiffs and Respondents.

No appearance for Defendants and Respondents.

OPINION

SCOTT, J.

In issue is whether the adoption by the City Council of the City of South San Francisco (City) of an amendment to a development plan formulated pursuant to the Endangered Species Act (16 U.S.C. § 1531 et seq.) (Act) constitutes an administrative act not subject to referendum. The lower court answered in the affirmative and issued a writ of mandate prohibiting...

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