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LESHER COMMUNICATIONS, INC. v. CITY OF WALNUT CREEK

Docket No. S012604.

52 Cal.3d 531 (1990)

802 P.2d 317

277 Cal. Rptr. 1

LESHER COMMUNICATIONS, INC., et al., Plaintiffs and Respondents, v. CITY OF WALNUT CREEK, Defendant and Appellant.

Supreme Court of California.

December 31, 1990.

Attorney(s) appearing for the Case

COUNSEL

David Benjamin and Thomas Haas, City Attorneys, John Truxaw, Deputy City Attorney, Shute, Mihaly & Weinberger, Mark I. Weinberger, Marc B. Mihaly, Wendy S. Strimling and Rachel B. Cooper for Defendant and Appellant.

Barbara S. Blinderman, Stephen C. Volker, John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Susan L. Goodkin and Susan L. Durbin, Deputy Attorneys General, Freilich, Stone, Leitner & Carlisle and Katherine E. Stone as Amici Curiae on behalf of Defendant and Appellant.

McCutchen, Doyle, Brown & Enersen, Sanford M. Skaggs, Daniel J. Curtin, Jr., and Maria P. Rivera for Plaintiffs and Respondents.

Gibson, Dunn & Crutcher, John A. Arguelles, Richard G. Duncan, Jr., Jeffrey T. Thomas, Edward L. Xanders, Ronald A. Zumbrun, Edward J. Connor, Jr., John H. Findley, John M. Groen, Nossaman, Guthner, Knox & Elliott, Alvin S. Kaufer and Winfield D. Wilson as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

EAGLESON, J.

We are asked to decide whether an initiative measure limiting municipal growth which conflicts with a city's general plan amends that plan, and, if it is not an amendment, whether it is invalid. As we explain below, we conclude that the initiative measure in dispute is not a general plan amendment, and that state law which requires that zoning ordinances conform to the general plan invalidates newly enacted zoning...

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