Citizens for Planning Responsibly v. County of San Luis Obispo, No. B206957

The trial court order issuing a writ of mandate invalidating an initiative measure amending a county's general plan and zoning regulations to permit a mixed use development near a county airport and prohibiting its enforcement is reversed where: 1) the initiative is within the power of the electorate and is legislative in its nature; and 2) the initiative measure is not preempted by the State Aeronautics Act as the Act does not fully occupy the field of land use regulation near airports, and does not delegate exclusive authority to the board of supervisors to make land use decisions in an airport land use plan area.    

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Appellate Information
Appeal from San Luis Obispo County Super. Ct. No. CV70164.
SECOND APPELLATE DISTRICT
Filed: August 4, 2009

Judges
Before PERREN, J., YEGAN, Acting P.J., COFFEE, J.
Opinion by PERREN, J.

Counsel
For Appellant: Warren R. Jensen, County Counsel, James B. Orton, Deputy County Counsel.

For Respondent: Shute, Mihaly & Weinberger LLP, Rachel B. Hooper, Ellison Folk and Kevin P. Bundy.