Wheelright v. County of Marin

I dissent.

While I agree with the holding that the ordinance in question is subject to referendum proceedings, I dissent from the remainder of the discussion and particularly from the conclusions reached in the majority opinion. The opinion concludes; (1) that the trial court properly upheld the clerk’s determination that 94 signatures on the referendum petition were invalid because, although the clerk’s conclusion was arguably incorrect, the similarities of the signatures were not so great or the dissimilarities so minor as to render the clerk’s rejection unreasonable or arbitrary; and (2)…