| The Nossaman Report analyzes potential legal shortcomings of the General Plan Initiative. It
was prepared for Monterey County in February, 2006, by the firm of Nossaman,
Guthner, Knox & Elliott, LLP.
Issues covered by the report include:
- That the Initiative may violate State legislation governing the adoption and amendment of housing elements;
- That the Initiative may violate the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000;
- That the Initiative's development exclusion categories may conflict with the Map Act;
- That the Initiative may be invalid as it is inconsistent with the General Plan;
- That the Initiative may fail to comply with the statutory
requirement that the Initiative petition contain the full text of the proposed
ordinance;
- That the Initiative may violate a California Constitutional limitation known as the "single subject rule;"
- That the Initiative is not fiscally responsible;
- That the Initiative may be void because it exceeds the requirement that it enact legislative acts; and,
- That the Initiative's right of first refusal with respect to the offering of new housing units may be constitutionally invalid.
You can download the Nossaman Report in pdf format by clicking here.
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