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BLDG. INDUS. LEGAL DEFENSE v. SUPERIOR COURT

No. G024456.

85 Cal.Rptr.2d 828 (1999)

72 Cal.App.4th 1410

BUILDING INDUSTRY LEGAL DEFENSE FOUNDATION, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; City of San Juan Capistrano et al., Real Parties in Interest.

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

As Modified on Denial of Rehearing July 19, 1999.

Review Denied September 15, 1999.

Attorney(s) appearing for the Case

Nossaman, Guthner, Knox & Elliott, Robert I. McMurry, John P. Erskine and Rick E. Rayl, Irvine, for Petitioner.

No appearance for Respondent.

Woodruff, Spradlin & Smart, John R. Shaw and M. Lois Bobak, Orange, for Real Parties in Interest.

OPINION

SILLS, P.J.

Government Code section 65858 allows a city to adopt an interim ordinance that prohibits any uses which may be in conflict with a general plan the city is considering, studying, or intends to study within a reasonable time.1 And it expressly provides that a city shall not adopt an interim ordinance unless it makes a finding that the approval of additional subdivisions, building permits, or other...

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