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CITY OF MORGAN HILL v. BUSHEY

No. S243042.

5 Cal.5th 1068 (2018)

CITY OF MORGAN HILL, Plaintiff and Respondent, v. SHANNON BUSHEY, as Registrar of Voters, etc., et al., Defendants and Respondents; RIVER PARK HOSPITALITY, INC., Real Party in Interest and Respondent; MORGAN HILL HOTEL COALITION, Real Party in Interest and Appellant.

Supreme Court of California.

August 23, 2018.

Attorney(s) appearing for the Case

Law Office of Asit Panwala, Asit S. Panwala ; Toch Law Firm and J. Randall Toch for Real Party in Interest and Appellant.

Donald Alan Larkin , City Attorney; Leone & Alberts, Katherine A. Alberts , Louis A. Leone and Ioana Mondescu for Plaintiff and Respondent.

Burke, Williams & Sorensen and Thomas B. Brown for League of California Cities as Amicus Curiae on behalf of Plaintiff and Respondent.

Orry B. Korb and James R. Williams , County Counsel, Steve Mitra , Assistant County Counsel, and Danielle Luce Goldstein , Deputy County Counsel, for Defendant and Respondent Shannon Bushey, as Registrar of Voters for Santa Clara County.

Law Offices of Gary M. Baum and Scott D. Pinsky for Defendant and Respondent Irma Torrez, as City Clerk for City of Morgan Hill.

Berliner Cohen, Jolie Houston and Thomas P. Murphy for Real Party in Interest and Respondent.

OPINION

This case is about how to reconcile state land use law with the people's referendum power. To promote public deliberation and reasoned decisions about land use, state law requires cities and counties to develop general land use plans that function as charters for all future land use in that county or city...

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