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 […]
Conservation Victory for the California Gnatcatcher in the West Coyote Hills, City of Fullerton
Blue-gray gnatcatcher, a closely related species to the California gnatcatcher. Photo credit: Becky Matsubara, Flickr, CC BY 2.0 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 […]
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)).
SMW Defends Urban Growth Boundary Initiative and Stops City’s SLAPP Suit
The firm successfully defends against litigation by the City of Marina challenging an urban growth boundary initiative drafted by the firm and adopted by the City’s voters. The court holds that the City’s suit against the measure is an unlawful strategic lawsuit against public participation (“SLAPP”). (City of Marina v. Landwatch (2001).)
Appellate Court Win Upholds Referendum of Pre-Zoning for Development
In an appellate court victory, the firm successfully defends a referendum of the City of Pleasanton’s pre-zoning of property for development and convinces the court that the referendum does not create inconsistencies with the City’s general plan. (Merritt v. City of Pleasanton, 89 Cal.App.4th 1032 (2001).)