# Housing Authority v. Superior Court

> California Supreme Court · June 21, 1950 · 35 Cal. 2d 550

URL: https://www.frixlaw.com/law-library/cases/9552733

## Case

- **Full name:** HOUSING AUTHORITY OF THE CITY OF EUREKA, Petitioner, v. SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent
- **Court:** California Supreme Court
- **Decided:** June 21, 1950
- **Citations:** 35 Cal. 2d 550; 219 P.2d 457; 1950 Cal. LEXIS 362
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Edmonds, Shenk
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9552733

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9552733. Public record. Not legal advice.