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MOLLOY v. VU

No. D075593.

42 Cal.App.5th 746 (2019)

SCOTT MOLLOY, Plaintiff and Appellant, v. MICHAEL VU, as Registrar of Voters, etc., et al., Defendants and Respondents; FRANCIS J. EASON et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Fourth District, Division One.

October 31, 2019.

Attorney(s) appearing for the Case

Gatzke Dillon & Ballance, Mark J. Dillon , David P. Hubbard , Kurt G. Whitman ; The Sutton Law Firm, Bradley W. Hertz , James R. Sutton , Matthew C. Alvarez ; Sheppard, Mullin, Richter & Hampton and John Ponder for Plaintiff and Appellant.

Thomas E. Montgomery , County Counsel, and Stephanie Karnavas , Deputy County Counsel, for Defendants and Respondents Michael Vu and San Diego County Board of Supervisors.

Latham & Watkins, Christopher Garrett , Taiga Takahashi , Samantha K. Seikkula ; Nielsen Merksamer Parrinello Gross & Leoni, Sean P. Welch and Hilary J. Gibson for Real Parties in Interest and Respondents Francis J. Eason, Tricia Trupiano, Committee Against Newland Sierra and Bad Development, Committee Major Funding from Golden Door Properties and Golden Door Properties, LLC.

Shute, Mihaly & Weinberger, Robert S. Perlmutter for Elfin Forest Harmony Grove Town Council, Endangered Habitats League; Cleveland National Forest Foundation, Sierra Club; Center for Biological Diversity and Mark Jackson as Amici Curiae on behalf of Real Parties in Interest.

OPINION

The San Diego County (County) Board of Supervisors approved an amendment to the County's general land use plan, which would allow for the development of over 2,100 homes in a previously designated rural area of the County. Residents opposed to the change in land use circulated a referendum petition and gathered...

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