Rather than allow the voters to vote on a controversial zoning measure, the City of Morgan Hill has now petitioned the California Supreme Court to hear their arguments to why the Constitution should be ignored. The Sixth District Court of Appeal rebuked the City in an unanimous decision in City of Morgan Hill v. Bushey, et al. (2017) 12 Cal.App.5th 34, requiring the City to either repeal the controversial zoning ordinance or place it on the ballot for voter approval.
The right to referendum is found in article 2, section 9 of the California Constitution, and the Sixth District found that voters could reject one zoning designation for another if they both equally conform to a general plan amendment. River Park Hospitality, the out-of-town developer that owns the parcel at issue, would profit greatly if the zoning was changed also sought review in the California Supreme Court. The Law Office of Asit Panwala in conjunction with the Law Office of J. Randall Toch filed an answer to their petitions on behalf of the Morgan Hill Hotel Coalition. Answer to Petitions for Supreme Court Review We expect that the Supreme Court will decide whether they will hear the case in next two months.