Ordinarily, constitutional and other challenges to referendum petitions are reviewed after an election so the electoral process is not disrupted. Here, plaintiff Wal-Mart Real Estate Business Trust (Wal-Mart) petitioned for a writ of mandate seeking to preclude or delay a referendum vote challenging the decision of defendant City Council of the City of San Marcos (the City)
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WAL-MART REAL ESTATE BUSINESS TRUST v. CITY
No. D044941.
33 Cal.Rptr.3d 817 (2005)
132 Cal.App.4th 614
WAL-MART REAL ESTATE BUSINESS TRUST, Plaintiff and Respondent, v. CITY COUNCIL OF the CITY OF SAN MARCOS, Defendant and Respondent; Lori A. Drake et al., Real Parties in Interest and Appellants, Brookfield University Commons, LLC, Real Party in Interest and Respondent.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
September 7, 2005.
September 7, 2005.
Attorney(s) appearing for the Case
Lounsbery Ferguson Altona & Peak, LLP, Helen Holmes Peak, San Diego, and Judith Hartwig, Escondido, for Defendant and Respondent City Council of the City of San Marcos.
Sheppard Mullin Richter & Hampton LLP, Edward D. Vogel, John E. Ponder and Karin Dougan Vogel, San Diego, for Real Party in Interest and Respondent Brookfield University Commons, LLC.
Court of Appeals of California, Fourth District, Division One.
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