Legal Opinion

City of Morgan Hill v. Bushey

California Supreme Court

Decided August 23, 2018No. S243042PublishedCited by 8 opinions

1Opinion of the Court

CUÉLLAR, J.

*1075 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. Government Code section 65860, subdivision (a) 1 requires *839 zoning ordinances to "be consistent with the general plan of the county or city." This provision renders invalid any change to the zoning ordinance that would make it inconsistent with the general plan, whether the…

2Cases cited25 opinions

  1. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  2. Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
  3. People v. PietersCalifornia Supreme Court · 1991
  4. DeVita v. County of NapaCalifornia Supreme Court · 1995
  5. Tripp v. SwoapCalifornia Supreme Court · 1976

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3Cited by8 opinions

  1. Wilde v. City of DunsmuirCalifornia Supreme Court · 2020
  2. Southcott v. Julian-Cuyamaca Fire Prot. Dist., California Court of Appeal, 5th District2019
  3. AIDS Healthcare Foundation v. BontaCalifornia Court of Appeal · 2024
  4. Denham, LLC v. City of RichmondCalifornia Court of Appeal · 2019
  5. Molloy v. VuCalifornia Court of Appeal · 2019

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