(Download) "Devita V. County Of Napa" by Supreme Court Of California * eBook PDF Kindle ePub Free

July 04, 2021

eBook details

Title: Devita V. County Of Napa
Author : Supreme Court Of California
Release Date : January 06, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 108 KB

Description

In November of 1990, the voters of Napa County enacted Measure J, an initiative that amends the land use element of the county's general plan to preserve agricultural land. Measure J made the redesignation of existing agricultural land and open space essentially conditional on voter approval, with certain exceptions, until the year 2021. The questions before the court are whether a county's general plan can be amended by an initiative of the county's electorate acting pursuant to article II, section 11 of the California Constitution, and whether the electorate can properly impose the 30-year voter approval requirements provided in Measure J. We conclude that the statutory provisions governing local planning, Government Code sections 65100-65763 (planning law), do not prohibit the exercise of the initiative power to amend the land use element of a general plan. Moreover, Elections Code section 9111*fn1 specifically allows for such amendment. We further find no statutory or constitutional defect in Measure J's voter approval provisions. Accordingly, we affirm the judgment of the Court of Appeal upholding Measure J.