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ARCADIA DEVELOPMENT CO. v. CITY OF MORGAN HILL

No. H032201.

169 Cal.App.4th 253 (2008)

ARCADIA DEVELOPMENT COMPANY, Plaintiff and Appellant, v. CITY OF MORGAN HILL et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

December 16, 2008.

Attorney(s) appearing for the Case

Ellman Burke Hoffman & Johnson, Michael J. Burke, John D. Hoffman, Diane K. Hanna and Elizabeth L. Bridges for Plaintiff and Appellant.

Shute, Mihaly & Weinberger, Ellison Folk; and Janet C. Kern, City Attorney, for Defendants and Respondents.

OPINION

PREMO, J.—

I. INTRODUCTION

In 2004, voters in the City of Morgan Hill (City) passed a measure amending City's general plan and extending to 2020 a growth control ordinance that had been set to expire in 2010. One provision of the original ordinance drastically restricted development of certain property within the city limits (the Density Restriction). The 2004 enactment did not change the effect of the Density Restriction...

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