With FPPC Enforcement on the Rise, Public Agencies Navigate Gray Area in Use of Public Funds for Election Communications
Local agencies walk a fine line when producing effective informative materials for ballot measures without inadvertently ‘campaigning’. This article reviews current FPPC rules around spending public money to inform the electorate, how to steer clear of enforcement gray areas, and opportunities for the Legislature to authorize limited public agency electoral campaigns.
SMW Attorney Teaches Land Use Law at Stanford Law School
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
Recent Housing Legislation and the Initiative Power: What You Need to Know
The State Legislature’s burst of new housing legislation has significant implications for use of the initiative power. Find out more about SB10’s explicit shift of power to local legislatures and other ways in which the new laws may complicate planning and zoning initiatives.
Shute, Mihaly & Weinberger Announces New Partners Sara Clark and Sarah Sigman
San Francisco – Shute, Mihaly & Weinberger LLP is proud to announce the addition of two new partners, Sara A. Clark and Sarah H. Sigman. Both attorneys were associates of the firm before joining the partnership. “We are excited to have Sara Clark and Sarah Sigman join our team of partners,” said Richard S. Taylor, […]
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
Photo Credit: Will Mayall 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.
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).)
SMW Drafts and Defends Anti-Fracking Initiatives
In 2014 the firm drafts initiatives in Santa Barbara and San Benito Counties that ban the use of land for fracking. The San Benito measure passes, and subsequent litigation challenging the measure fails. In 2016, Monterey County voters pass an anti-fracking measure drafted by the firm. The firm is defending the Monterey measure from multiple […]