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WIDDERS v. FURCHTENICHT

No. B196583.

167 Cal.App.4th 769 (2008)

MONTE L. WIDDERS, as City Attorney, etc., Plaintiff and Appellant, v. JEFF B. FURCHTENICHT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

October 20, 2008.

Attorney(s) appearing for the Case

Myers, Widders, Gibson, Jones & Schneider, Katherine E. Stone, J. Roger Myers and Nancy D. Hartzler for Plaintiff and Appellant Widders.

ACLU Foundation of Southern California, Peter J. Eliasberg; Mitchell Silberberg & Knupp and Michael E. Chait for Defendant and Appellant.

Kirkland & Ellis, Robyn Bladow, Pantea Yashar, Shaun Paisley for Initiative & Referendum Institute as Amici Curiae on behalf of Appellant Furchtenicht.

OPINION

PERREN, J.

Jeff B. Furchtenicht, an attorney who resides in Ojai, submits two ballot initiative measures that direct the city council to exercise its "informed judgment" to craft and adopt laws relating to chain stores and affordable housing. Monte L. Widders, Ojai's city attorney, informs Furchtenicht that the measures are an improper exercise of the initiative power conferred by the California Constitution because they do...

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