Town Of Moraga

Court Decision on Referendum

Within 30 days of the Town Council adoption of the zoning code amendments associated with the City Ventures project, Moraga Town Center Homes, community members delivered a referendum petition to the Town Clerk seeking to rescind the zoning code amendments. The developer filed papers for a legal challenge, causing the Town and proponents of the referendum to become parties to the challenge. The Town was defended by contract legal counsel and the proponents represented themselves. On October 16, 2015, the Superior Court of Contra Costa County ruled that the Referendum was invalid because, if successful, it would have made the zoning inconsistent with both the Moraga Center Specific Plan and the Town’s General Plan. The court also found that the Referendum was procedurally illegal because the proponents did not attach enough documents to the petitions to fully provide project information to potential signers. The Town’s legal costs related to this issue have exceeded $55,000 to date.

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