Bank of the Orient v. Town of Tiburon

220 Cal. App. 3d 992, 269 Cal. Rptr. 690, 1990 Cal. App. LEXIS 556
CourtCalifornia Court of Appeal
DecidedMay 24, 1990
DocketA040027
StatusPublished
Cited by12 cases

This text of 220 Cal. App. 3d 992 (Bank of the Orient v. Town of Tiburon) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bank of the Orient v. Town of Tiburon, 220 Cal. App. 3d 992, 269 Cal. Rptr. 690, 1990 Cal. App. LEXIS 556 (Cal. Ct. App. 1990).

Opinions

Opinion

RACANELLI, P. J.

This appeal concerns the validity of Measure C, an initiative adopted by the voters of the Town of Tiburón imposing a temporary moratorium on construction. The trial court concluded the measure was invalid and enjoined its enforcement. The town appeals.1 We affirm for the reasons explained.

Procedural and Factual Background

On October 16, 1985, under the authority of Government Code2 section 65858, the Tiburón Town Council enacted Ordinance No. 307 N.S., a 45-day interim urgency ordinance imposing a moratorium on the processing and approval of development permits. On November 26, 1985, the ordinance was extended until January 25, 1986, and in January, the ordinance was again extended until January 8, 1987.

Under section 65858, a legislative body may adopt interim urgency ordinances prohibiting uses that may conflict with a contemplated general plan amendment or rezoning proposal which the legislative body is studying or intends to study within a reasonable period of time. The town council’s [997]*997findings in support of the moratorium ordinance state that the town intends “forthwith” to commence a complete review of its general plan and its zoning ordinance, and to evaluate traffic impacts expected to result from present and projected land use developments. The council found that the issuance of land use permits and entitlements during the pendency of these evaluations could lead to development which “would create further irreversible adverse traffic impacts and which may well be inconsistent with density and intensity of use amendments contained in the contemplated General Plan and zoning studies.”

On April 8, 1986, Tiburón voters approved initiative Measure C, a development moratorium broader in scope than the moratorium enacted by the town council.3 This ordinance became effective on April 26, 1986, and was to remain in effect until April 26, 1988 (some 15 months longer than the previously enacted moratorium). It required the town council to undertake a traffic study and provided that the council could extend the moratorium if necessary to complete the study.

In July and August 1986, respondents Bank of the Orient and Taldan Investment Company, Inc. (property developers),4 filed lawsuits in Marin County Superior Court challenging the validity of Measure C. Numerous causes of action were asserted based on the town’s enactment and application of Measure C, including the claim that the initiative violated section 65858. The town thereafter filed demurrers and motions to strike. These two actions were then coordinated with four other cases raising the same basic issues;5 a specially appointed judge pro tempore heard the matters, pursuant to stipulation of the parties.

The trial court tentatively decided that Measure C violated the statutory requirements that interim ordinances not exceed two years and not be extended more than twice.6 The court further determined that respondents [998]*998were entitled to a judicial declaration of Measure C’s invalidity and an injunction against its continued enforcement because there was no factual dispute with respect to the section 65858 claim.7

After a further hearing on the town’s objections to the proposed statement of decision and motion of reconsideration, the trial court entered final judgments: (1) declaring Measure C invalid; (2) enjoining the town from enforcing the terms of Measure C; (3) ordering a peremptory writ of mandate be issued to command the town to process and consider development applications submitted by respondents without enforcing Measure C; and (4) severing the section 65858 claim from the remaining causes of action in the case in order that a final judgment could be entered.8 The town timely appeals.

Discussion

In Killian v. City and County of San Francisco (1978) 77 Cal.App.3d 1, 7-8 [143 Cal.Rptr. 430], we set out the principles guiding our review of a statute: “It is elementary that the construction of a statute (or ordinance) and its applicability is solely a question of law. (6 Witkin, Cal. Procedure (2d ed.) §§ 209-210, pp. 4200-4201, and cases there cited.) In undertaking such interpretation, we rely upon familiar principles of statutory construction in order to ‘ascertain the intent of the . . . [lawmakers] so as to effectuate the purpose of the law.’ (Select Base Materials v. Board of Equal (1959) 51 Cal.2d 640, 645 [335 P.2d 672].) ‘In determining such intent “[t]he court turns first to the words themselves for the answer.” (People v. Knowles (1950) 35 Cal.2d 175, 182 [217 P.2d 1], cert. den., 340 U.S. 879 [95 L.Ed. 639, 71 S.Ct. 117].) We are required to give effect to statutes “according to the usual, ordinary import of the language employed in framing them.” (In re Alpine (1928) 203 Cal. 731, 737 [265 P. 947, 58 A.L.R. 1500]; see also Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 918 [80 Cal.Rptr. 89, 458 P.2d 33]; Chavez v. Sargent (1959) 52 Cal.2d 162, 203 [339 P.2d 801], disapproved on another ground in Petri Cleaners, Inc. v. Automotive Employees, etc. Local No. 88, 53 Cal.2d 455, 473-475 [2 [999]*999Cal.Rptr. 470, 349 P.2d 76].) “If possible, significance should be given to every word, phrase, sentence and part of an act in pursuance of the legislative purpose.” (Select Base Materials v. Board of Equal., supra, 51 Cal.2d 640, 645); . . . “When used in a statute [words] must be construed in context, keeping in mind the nature and obvious purpose of the statute where they appear.” (Johnstone v. Richardson (1951) 103 Cal.App.2d 41, 46 [229 P.2d 9]; see also West Pico Furniture Co. v. Pacific Finance Loans (1970) 2 Cal.3d 594, 608 [86 Cal.Rptr. 79 3, 469 P.2d 665].) Moreover, the various parts of a statutory enactment must be harmonized by considering the particular clause or section in the context of the statutory framework as a whole.’ (Moyer v. Workmen’s Comp. Appeals Bd. (1973) 10 Cal.3d 222, 230 [110 Cal.Rptr. 144, 514 P.2d 1224]; see also 45 Cal.Jur.2d, pp. 625-626 and cases there cited.)” (Accord California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 698-699 [170 Cal.Rptr. 817, 621 P.2d 856].) Here, we consider whether the trial court correctly determined that Measure C violated the requirements of section 65858; in other words, whether section 65858 applies to zoning moratorium ordinances adopted by initiative. We will conclude the trial court’s determination must be upheld.

I.

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Bank of the Orient v. Town of Tiburon
220 Cal. App. 3d 992 (California Court of Appeal, 1990)

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Bluebook (online)
220 Cal. App. 3d 992, 269 Cal. Rptr. 690, 1990 Cal. App. LEXIS 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-the-orient-v-town-of-tiburon-calctapp-1990.