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Preserve Shorecliff Homeowners v. City of San Clemente (Cal. Ct. App. - Jan. 16, 2008)

By Shaun Martin

You should read this opinion if only for the breezy manner in which Justice Sills writes it. That's not something you see every day. Even from him.Plus, on the merits, he's exactly right. It's unconstitutional under the First Amendment to require that people who circulate referenda petitions be eligible voters in the city (or other locality) in which the referenda is to be voted upon. Sure, there's a 1994 Court of Appeal opinion (Browne) that upheld such a statute. But that's not good law after read more

Full post as published by California Appellate Report on January 16, 2008 (boomark / email).