Friends of Loma Linda v. Verjil
Friends of Loma Linda v. Verjil
Filed 9/15/08 Friends of Loma Linda v. Verjil CA4/2
Received for posting 9/19/08
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
FRIENDS OF LOMA LINDA et al.,
Plaintiffs and Appellants,
v.
KARI VERJIL, Register of Voters of the County of San Bernardino et al.,
Defendants and Respondents;
JAY GALLANT et al.,
Real Parties in Interest and Appellants. |
E040974
(Super.Ct.No. SCV135769)
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING [NO CHANGE IN
JUDGMENT] |
The petition for rehearing is denied. The opinion filed in this matter on August 19, 2008, is modified as follows:
The disposition on page 37, beginning with The judgment . . . is stricken and the following paragraph is inserted in lieu thereof:
The judgment granting plaintiffs petition for writ of mandate is reversed. The matter is remanded to the trial court with directions to order that the city council (1) either repeal all four resolutions and ordinances for the Orchard Park project or submit all those resolutions and ordinances to the voters at an election held in accordance with the provisions of Elections Code section 9241, and (2) either repeal all four resolutions and ordinances for the University Village project or submit all those resolutions and ordinances to the voters at an election held in accordance with the provisions of Elections Code section 9241. Real parties shall recover their costs on appeal.
Except for this modification, the opinion remains unchanged. The modification does not affect a change in the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ Hollenhorst
Acting P.J.
I concur:
/s/ Gaut
J.
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