Opinion

Housing Authority v. Superior Court

  • 35 Cal. 2d 550
  • 219 P.2d 457
  • 1950 Cal. LEXIS 362
Court
California Supreme Court
Filed
Jun 21, 1950
Status
Published
Author
Carter
On the bench
Edmonds, Shenk
Cited by
62 cases

proposed referendum on city council’s approval of Housing Authority’s application for federal loan for low rent housing construction, held: actions of local governing bodies under statewide housing laws are only administrative

How later courts described this case

  • proposed referendum on city council’s approval of Housing Authority’s application for federal loan for low rent housing construction, held: actions of local governing bodies under statewide housing laws are only administrative

Written by the judges who cited it.

The opinion

*562 CARTER, J.

I concur in the conclusion reached, and agree with the view expressed by Mr. Justice Edmonds to the effect that the resolution involved an administrative matter and was therefore not subject to referendum. However, I see no necessity for going further and holding that, because the housing authority law is of statewide concern, it is not subject to referendum. That may well be one factor in determining whether an act is administrative or legislative. If the law is of a statewide nature, then even a charter city has no word in policy questions which are involved in legislation of this character.

I agree with Mr. Justice Shenk that “measure” and “ordinance” are not synonymous where both are used coupled by the disjunctive “or.”

Real Party in Interest’s petition for a rehearing was denied July 20, 1950. Shenk, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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