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Supreme Court to Decide Whether City Council's Adoption of Voter-Sponsored Initiative is Exempt from CEQA

California Land Use & Development Law Report

Supreme Court to Decide Whether City Council's Adoption of Voter-Sponsored Initiative is Exempt from CEQA

The California Supreme Court announced on February 13 it has accepted review of Tuolumne Jobs & Small Business Alliance v. Superior Court, the recent decision (see our November 2 post) holding that a city council cannot choose to enact a voter-sponsored initiative without first complying with CEQA.  A previous published CEQA case had reached the opposite conclusion, holding that the council's decision to enact a voter-sponsored initiative is ministerial, and therefore exempt from CEQA.  By granting review, the Supreme Court will resolve the split in authority between the appellate districts.

 

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