Local Ballot Measures
For over a century, the California Constitution
has protected the rights of California residents to directly shape state and local laws through initiatives and referenda. Shute, Mihaly & Weinberger has been a leader in applying these tools to land use issues, such as the management of future growth and the preservation of agricultural and open space lands.
Drafting
SMW attorneys have the experience and practical know-how to draft legislation that works, both in the short-term and over the long-haul. We regularly draft local initiative measures and referenda affecting land use and local government issues. The firm also drafts local tax measures to help finance a range of important governmental purposes. And we help our clients navigate pre-election matters to successfully qualify and place measures on the ballot.
Litigation
SMW understands the high stakes, passion, and controversy that frequently lead to litigation over initiatives and referenda. We specialize in defending cities, counties, and initiative proponents in litigation challenging ballot measures, and we have prevailed in several landmark cases at the California Supreme Court and in the Courts of Appeal. SMW also has expertise in navigating pre-election and ballot material challenges for both proponents and local agencies.