DAVIS v. CITY OF BERKELEY

Docket No. S002285.

51 Cal.3d 227 (1990)

794 P.2d 897

272 Cal. Rptr. 139

SARA E. DAVIS et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents; GENE MANN et al., Interveners and Respondents.

Supreme Court of California.

August 9, 1990.


Attorney(s) appearing for the Case

COUNSEL

Tony J. Tanke and Susan Burnett Luten for Plaintiffs and Appellants.

Lillick, McHose & Charles, R. Frederic Fisher, Ronald A. Zumbrun, Anthony T. Caso and Jonathan M. Coupal as Amici Curiae on behalf of Plaintiffs and Appellants.

Manuela Albuquerque, City Attorney, and Marjorie Gelb, Deputy City Attorney, for Defendants and Respondents.

Roberta L. McWhirk, Ana M. Montano, John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Marian M. Johnston and M. Anne Jennings, Deputy Attorneys General, Goldfarb & Lipman, Lee C. Rosenthal, Robert A. Firehock, Jonathan Lehrer-Graiwer, Frances E. Werner, Weissbrodt, Mirel, Swiss & McGrew, Jane Lane McGrew, Mark N. Aaronson, James K. Hahn, City Attorney (Los Angeles), Thomas C. Bonaventura and Pedro B. Echeverria, Assistant City Attorneys, Julia P. Downey and Dov S. Lesel, Deputy City Attorneys, as Amici Curiae on behalf of Defendants and Respondents.

Peter E. Sheehan and Katharine S. Miller for Interveners and Respondents.


OPINION

KENNARD, J.

The California Constitution requires voter approval of any low-rent housing project before its development, construction, or acquisition by a state or local public agency. The issue here is whether this constitutional requirement is satisfied by voter approval of a ballot measure that specifies the maximum number of low-rent housing units to be developed, acquired, or...

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