Lesher Communications, Inc. v. City of Walnut Creek

Opinion

EAGLESON, J.

We are asked to decide whether an initiative measure limiting municipal growth which conflicts with a city’s general plan amends that plan, and, if it is not an amendment, whether it is invalid. As we explain below, we conclude that the initiative measure in dispute is not a general plan amendment, and that state law which requires that zoning ordinances conform to the general plan invalidates newly enacted zoning ordinances that do not conform to an existing general plan.

I

The Planning and Zoning Law of the State of California (Gov. Code, § 65000 et seq.)1 mandates the…