Arnel Development Co. v. City Of Costa Mesa

28 Cal. 3d 511, 620 P.2d 565, 169 Cal. Rptr. 904 (1980)

Facts

Arnel (P) proposed to construct a fifty-acre development of 127 single family homes and 539, apartments. Neighbors objecting to this proposal circulated an initiative to rezone the property as single family residential use. The voters approved this initiative. P sued, claiming that zoning was adjudicatory and not subject to legislative initiatives. The trial court upheld the ordinance, but the court of appeals reversed, holding that this manner of rezoning was judicial in nature, not legislative. Costa Mesa (D) appealed.