Legal Opinion

Martin v. Smith

California Court of Appeal

Decided December 11, 1959No. Civ. 19061PublishedCited by 38 opinions

1Opinion of the CourtBray, P. J.

Motion to dismiss appeal upon ground that the appeal has become moot.

Question Presented

Is Resolution No. 1485 of the city of Sausalito essentially the same as Resolution No. 1475, thereby violating the principle of the referendum process?

Record

April 7, 1959, the council of the city of Sausalito adopted Resolution No. 1474. May 5 it adopted Resolution No. 1475. Thereafter a referendum petition was presented to the council requesting it to either repeal said resolutions or submit the same to a vote of the electors. On June 17, appellant filed in the superior court a petition for writ of mandate…

2Cases cited5 opinions

  1. Ley v. DominguezCalifornia Supreme Court · 1931
  2. In Re StrathamCalifornia Court of Appeal · 1920
  3. State ex rel. Megnella v. MeiningSupreme Court of Minnesota · 1916
  4. Whittemore v. SeydelCalifornia Court of Appeal · 1946
  5. Gilbert v. AshleyCalifornia Court of Appeal · 1949

3Cited by38 opinions

  1. Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
  2. Fair Political Practices Commission v. Superior CourtCalifornia Supreme Court · 1979
  3. Assembly v. DeukmejianCalifornia Supreme Court · 1982
  4. American Federation of Labor-Congress of Industrial Organizations v. EuCalifornia Supreme Court · 1984
  5. Building Industry Assn. of Southern California, Inc. v. City of CamarilloCalifornia Supreme Court · 1986

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