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MARBLEHEAD v. CITY OF SAN CLEMENTE

Docket No. G007605.

226 Cal.App.3d 1504 (1991)

277 Cal. Rptr. 550

MARBLEHEAD, Plaintiff and Respondent, v. CITY OF SAN CLEMENTE et al., Defendants; CITIZENS FOR SENSIBLE GROWTH AND TRAFFIC CONTROL, Intervener and Appellant.

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

January 22, 1991.

Attorney(s) appearing for the Case

COUNSEL

Shute, Mihaly & Weinberger, Mark I. Weinberger and Daniel P. Selmi for Intervener and Appellant.

John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Susan L Goodkin, Deputy Attorney General, Peter M. Greenwald and Barbara Baird as Amici Curiae on behalf of Intervener and Appellant.

Gibson, Dunn & Crutcher, Richard G. Duncan, Jr., and Jeffrey T. Thomas for Plaintiff and Respondent.

Ronald A. Zumbrun, Edward J. Connor, Jr., Sharon L. Browne, Nossaman, Guthner, Knox & Elliott, Alvin S. Kaufer, Winfield D. Wilson and Michael J. Breining as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOORE, Acting P.J.

This case involves a facial attack against an initiative measure enacted by the electorate of the City of San Clemente purporting to amend the city's general plan. The lower court invalidated the measure on several grounds and issued a peremptory writ of mandate restraining its implementation. Intervener and appellant Citizens for Sensible Growth and Traffic Control appeals the lower court's ruling. We conclude...

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