Legal Opinion
Wal-Mart Real Estate Business Trust v. City Council
California Court of Appeal
Decided September 7, 2005No. D044941PublishedCited by 18 opinions
1Opinion of the Court
Opinion
McCONNELL, P. J.
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) 1 to allow Wal-Mart to build a second store in the City, on the grounds the referendum petition violated certain Elections Code provisions. Real parties in interest Lori A. Drake and Randall R.…
2Cases cited17 opinions
- Denham v. Superior CourtCalifornia Supreme Court · 1970
- Serrano v. PriestCalifornia Supreme Court · 1977
- Graham v. DaimlerChrysler Corp.California Supreme Court · 2005
- City of Sacramento v. DrewCalifornia Court of Appeal · 1989
- Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harman v. City and County of San FranciscoCalifornia Court of Appeal · 2007
- Building a Better Redondo, Inc. v. City of Redondo BeachCalifornia Court of Appeal · 2012
- Environmental Protection Information Center v. Department of Forestry & Fire ProtectionCalifornia Court of Appeal · 2010
- In Re Adoption of Joshua S.California Supreme Court · 2008
- Cates v. ChiangCalifornia Court of Appeal · 2013
13 more not listed; retrieve them via the Exa API.