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California Court of Appeal Holds City Council May Place Initiative on Ballot to Repeal Previous Initiative that Precluded Adoption of Mobile Home Rent Control Ordinance

The California Court of Appeal for the Second Judicial District has held that a city council could place an initiative on the ballot that sought to repeal a previous initiative that precluded the city council from adopting a mobile home rent control ordinance, and that the initiative the Council sought to repeal did not mandate that only city voters could initiate an amendment or repeal of the initiative. [Brookside Investments, LTD. v. City of El Monte, ___Cal.App.5th___, Case No. B267081 (2nd Dist. Nov. 15, 2016).]

This case is significant because it reinforces the broad scope of the local initiative power and a city council’s right to propose initiatives to the electorate absent an explicit prohibition on doing so. The court’s decision is accessible online at: https://scholar.google.com/scholar_case?case=4824795899899003455&q=Brookside+Investments,+LTD.+v.+City+of+El+Monte&hl=en&as_sdt=2006&as_vis=1

(Alex DeGood)