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LINDELLI v. TOWN OF SAN ANSELMO

No. A101076.

4 Cal.Rptr.3d 453 (2003)

111 Cal.App.4th 1099

Suzanne N. LINDELLI et al., Plaintiffs and Appellants, v. TOWN OF SAN ANSELMO et al., Defendants and Respondents; Marin Sanitary Service, Real Party in Interest and Respondent.

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

Rehearing Denied September 23, 2003.

Review Denied December 10, 2003.

Attorney(s) appearing for the Case

Remcho, Johansen & Purcell, Robin B. Johansen, San Francisco, Thomas A. Willis, for Plaintiffs and Appellants.

Law Offices of Hadden Roth, Hadden Roth, San Rafael; Ragghianti Freitas Macias & Wallace, Gary T. Ragghianti, San Rafael; and Bien & Summers, Elliot L. Bien, Novato, for Defendant and Respondent Town of San Anselmo and Real Party in Interest and Respondent Marin Sanitary Service.

No appearance for Defendants and Respondents Town Council of the Town of San Anselmo.

GEMELLO, J.

Elections Code section 9241 provides that when an ordinance is the subject of a referendum petition, it shall not take effect until the majority of the voters voting on the referendum approve the ordinance. A municipality may not evade this stay provision by re-passing a materially identical ordinance as an interim measure until the referendum election.

In this case, respondent Town of San Anselmo awarded a waste management franchise to a new provider...

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