SMW Drafts and Defends Ballot Measure to Protect San Jose’s General Plan
In 2018, on behalf of the City of San Jose, the firm drafts and defends a first-of-its kind charter amendment to prevent a developer-sponsored initiative from gutting the City’s General Plan.
Capitola Trestle Initiative Upheld
Capitola residents submit an initiative to ensure that the Capitola Trestle will be preserved and maintained for bicyclists and pedestrians. The firm successfully defends the measure in a pre-election challenge brought by the City (City of Capitola v. Fridy). Capitola voters pass the initiative in November 2018. Image by Will Mayall
Appellate Court Strikes Down Development Agreement Initiative
The firm and Earthjustice prevail in challenging an initiative that purported to approve a development agreement for the World Logistics Center, a massive warehouse project near low-income communities in Riverside County. The court of appeal holds that local initiatives may not be used to adopt development agreements. (Center for Community Action and Environmental Justice v. […]
SMW Enforces Fairfield’s Urban Growth Boundary
On behalf of the Solano County Orderly Growth Committee, the firm successfully challenges Solano County’s approval of a large subdivision development proposed on lands serving as an important buffer between urban development and working farms and natural open space. The Project would have required water and sewer services from the City of Fairfield in contravention […]
SMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people’s right of referendum and confirms the primacy of the city’s General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)
Conservation Victory for the California Gnatcatcher in the West Coyote Hills, City of Fullerton
Voters in Fullerton pass a referendum, drafted by the firm, that overturns the City’s approval of a development agreement for a sprawling subdivision in the West Coyote Hills, home to the threatened California gnatcatcher. Following subsequent litigation filed by the firm challenging the revised project, the City acquires half of the site for parkland. (Friends […]
Local Land Use Rules Upheld
The firm obtains an appellate ruling upholding the City of Morgan Hill’s land use restrictions against a claim they unconstitutionally discriminated against an individual property owner. (Arcadia v. City of Morgan Hill, 197 Cal.App.4th 1526 (2011).)
SMW Sues to Force County to Implement Voter Initiative
The firm prevails in a lawsuit forcing Solano County to comply with Measure E, an initiative that prohibits the importation of solid waste into the County’s landfills. (Sierra Club v. Solano County (2011).)
A Vote to Protect Open Space in San Clemente
Voters in San Clemente pass a referendum in 2008 against the Pacific Golf Club project, which was to be located in one of the City’s largest open space areas. The firm drafts the referendum and successfully defends its sponsor’s ballot argument in court.
SMW Defends Initiative and Stops Developer From Harassing its Sponsors
The firm secures an emergency appellate ruling to stop what the court called a developer’s “absurd and somewhat frightening” attempt to depose initiative proponents. The firm also successfully defends the initiative. (Save Loma Linda v. Superior Court (2007)).