Garat v. City of Riverside

Opinion

TIMLIN, J.

In general, the matter before us has arisen within the context of an ongoing municipal land-use planning dispute between, on the one

[270]

hand, the City of Riverside (a charter city under the authority of article XI, sections 3 and 5, of the California Constitution, with charter set forth at Statutes 1981, Appendix-Charters, pages 55-80), its City Council and various “controlled growth” special interest groups (hereinafter, unless otherwise specifically indicated, the City) and, on the other hand, various private citizens, other special interest groups and development consortiums (hereinafter, unless otherwise specifically indicated, Garat), all of whom, collectively and individually, oppose the City’s enactment (by and through the use of the initiative process by the City’s voters) and enforcement of the “controlled growth” land-use planning measures at issue in this case.

1

In particular, the City has brought this appeal before us following the trial court’s decision below, in consolidated “invalidity proceedings,” that the City’s general plan is (and for some length of time has been) deficient as a matter of law and that, consequently, two land-use initiative “ordinances” adopted by the citizens of the City to bear, in one fashion or another, on the functional application of the City’s general plan to the City’s future growth and development (Measure R and Measure C) are invalid and unenforceable.

2

Of course, the City has also mounted an appellate challenge to the trial court’s award of attorney fees to Garat. We will conclude that the trial court erred, both with respect to procedural issues and with respect to substantive issues, in determining that the City’s general plan, as well as Measures R and C, are invalid, and we will reverse the trial court’s orders to that effect. We will also conclude that the trial court erred in awarding attorney fees to Garat and will reverse the trial court in that regard as well.

[271]