Burrey v. Embarcadero Municipal Improvement District

Opinion

PETERS, J.

In this mandamus proceeding,. petitioners, residents of the Embarcadero Municipal Improvement District (EMID), challenge the voting provisions governing election- of the board of directors of the district on the ground that these provisions violate the one person, one vote rule required by the equal protection clause of the Fourteenth Amendment. We conclude, for reasons discussed below, that in the absence of a legislative provision transferring the voting power from the landowner-developer to the residents of the district, the voting scheme set forth in sections 20 and 64 of…