Legal Opinion

Hebard v. Bybee

California Court of Appeal

Decided August 3, 1998No. H018240PublishedCited by 6 opinions

1Opinion of the Court

Opinion

COTTLE, P. J.

In this case we determine that respondent Anne Bybee, the City Clerk of Campbell, properly rejected the sections of a referendum petition that misstated the title of the city ordinance challenged by the referendum. We agree with the trial court that the petition sections containing the misstated title neither technically nor substantially complied with the requirements of the Elections Code, and therefore affirm the judgment.

I. Factual and Procedural Background

A. Ordinance No. 1953

On December 8, 1997, the City of Campbell (City) adopted Ordinance No. 1953 (the Ordinance).…

2Cases cited9 opinions

  1. Assembly v. DeukmejianCalifornia Supreme Court · 1982
  2. Twain Harte Homeowners Ass'n v. County of TuolumneCalifornia Court of Appeal · 1982
  3. Dean W. Knight & Sons, Inc. v. State Ex Rel. Department of TransportationCalifornia Court of Appeal · 1984
  4. Chase v. BrooksCalifornia Court of Appeal · 1986
  5. Concerned Citizens of Calaveras County v. BoardCalifornia Court of Appeal · 1985

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3Cited by6 opinions

  1. San Francisco Forty-Niners v. NishiokaCalifornia Court of Appeal · 1999
  2. Mervyn's v. ReyesCalifornia Court of Appeal · 1998
  3. Lin v. City of PleasantonCalifornia Court of Appeal · 2009
  4. Ruiz v. SylvaCalifornia Court of Appeal · 2002
  5. Opinion No. (2000), California Attorney General Reports2000

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