On March 29, 2016, the trial court in Santa Clara Superior Court sided with the City of Morgan Hill and the out-of-town developer in ordering Measure D to be removed from the ballot. When I came home that day, my father asked me how is it possible that all those signatures (2,500 registered voters) is meaningless. I didn’t have a good answer, and felt that democracy has been sacrificed for an out-of-town developer who only cares about short-term profit.
Shortly after my daughter was born (three days later), my wife urged me to appeal. I filed a writ of supersedeas (no, I didn’t make up the name nor read in a Harry Potter book). I filed my writ with the Sixth District Court of Appeal the following day, asking for a stay. I just stayed up one night and wrote it. It felt like a last-second hail mary.
Yesterday, the Court of Appeal issued a partial stay, asking for further briefing.
The battle continues….