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SOUTHWEST DIVERSIFIED, INC. v. CITY OF BRISBANE

Docket No. A049364.

229 Cal.App.3d 1548 (1991)

280 Cal. Rptr. 869

SOUTHWEST DIVERSIFIED, INC., et al., Plaintiffs and Respondents, v. CITY OF BRISBANE et al., Defendants and Respondents; LUMAN C. DRAKE et al., Real Parties in Interest and Appellants.

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

May 9, 1991.

Attorney(s) appearing for the Case

COUNSEL

Charles R. Garry, John Christopher Burr and Sharon E. Duggan for Real Parties in Interest and Appellants.

Hamilton & Samuels, Paul R. Hamilton, Karen J. Lee, Deborah M. Rosenthal, Ellman, Burke, Hoffman & Johnson, Howard N. Ellman and John D. Hoffman for Plaintiffs and Respondents.

Thomas F. Casey III, County Counsel (San Mateo) and Michael P. Murphy, Deputy County Counsel, as Amici Curiae on behalf of Plaintiffs and Respondents.

Cecilia M. Quick, Assistant City Attorney, and Robert J. Logan for Defendants and Respondents.

OPINION

NEWSOM, Acting P.J.

This is an appeal from a peremptory writ of mandate ordering the City of Brisbane to desist from conducting an election on a referendum challenging the rezoning of a portion of San Bruno Mountain. The petition was filed on December 29, 1989, by Southwest Diversified, Inc., and was later amended to add Visitacion Associates as plaintiff (the two plaintiffs are hereafter identified as Developers); it was...

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