Paul McMichael and Joseph A. Nichelini v. County of Napa and Napa County Board of Supervisors

WALLACE, Circuit Judge:

Paul McMichael and Joseph A. Nichelini (McMichael) brought suit to challenge the countywide vote on Initiative Measure A, a slow-growth ordinance applying only to the unincorporated area of Napa County, California. This is an appeal from the district judge’s order dismissing McMichael’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. The district court’s jurisdiction was based on 28 U.S.C. § 1331. Our jurisdiction rests on 28 U.S.C. § 1291. We affirm the dismissal, but for a different reason…