Bank of the Orient v. Town of Tiburon

Opinion

RACANELLI, P. J.

This appeal concerns the validity of Measure C, an initiative adopted by the voters of the Town of Tiburón imposing a temporary moratorium on construction. The trial court concluded the measure was invalid and enjoined its enforcement. The town appeals.1 We affirm for the reasons explained.

Procedural and Factual Background

On October 16, 1985, under the authority of Government Code2 section 65858, the Tiburón Town Council enacted Ordinance No. 307 N.S., a 45-day interim urgency ordinance imposing a moratorium on the processing and approval of development permits. On…