Midway Orchards v. County of Butte

(1990) 220 Cal.App.3d 765

The Court of Appeal held that a general plan amendment does not become effective until thirty days after adoption, so that affected citizens can circulate a referendum petition challenging such legislative action during that period. Based on this conclusion, the court held invalid an ordinance purporting to create a development agreement consistent with such an amendment because the ordinance was adopted prior to the expiration of the 30-day referendum period. In an unpublished portion of the decision, the court also held that the form of the referendum petition challenging the general plan amendment was legally valid. [RMM Counsel of record: Michael H. Remy and James G. Moose]