Environment & Natural Resources

Land Use & Planning

Local Government Law

Regulatory Takings

Initiatives & Referenda

Initiatives & Referenda

SMW drafts and defends citizen initiative measures and referenda and defends cities and counties in litigation challenging adopted initiatives affecting land use issues, such as management of future growth and preservation of agricultural and open space lands. The firm has special expertise in measures establishing urban growth boundaries and in representing opponents of “takings” initiatives aimed at restricting government power to adopt environmental protections. Examples of SMW’s work on initiatives and referenda include:

• Napa County Measure J: The firm drafted a citizen initiative to protect farmland and successfully defended the measure in a landmark decision in the California Supreme Court that upheld the rights of local voters to amend the General Plan, DeVita v. County of Napa, 9 Cal.4th 763 (1995).
• Sonoma County Urban Growth Boundaries: Working with the Greenbelt Alliance, community groups, and local governments, the firm drafted successful ballot measures establishing urban growth boundaries in five Sonoma County cities and advised regarding a complementary County policy designed to ensure coordinated planning.
• "Takings" Initiatives: The firm has advised public agencies and conservation groups in successful efforts to defeat state and local “takings” initiatives aimed at restricting governmental power to protect the environment, including the highly controversial California Propositions 98 (2008) and 90 (2006), and local measures in Napa County and Nevada County.
• San Clemente Ballot Measure Litigation: The firm defended referendum proponents against a politically motivated lawsuit alleging that their ballot arguments were false and misleading. After obtaining an order upholding the vast majority of the challenged arguments, our clients won their campaign.