Stow v. Smith et al.
Dec 29, 2006OUTCOME: Writ of mandate denied
This case was a challenge to a referendum petition filed by a citizens' group in Cupertino challenging City approval of a condominium project. The challenge asserted that the petition form was improper ... , that petition sections had been circulated in incomplete form, and that the petition was circulated in violation of elections code requirements. Patty Chi and Helam Luk were named as real parties in interest as the proponents of the referendum petition. The defendant City Clerk (Smith) took a neutral position in the litigation. The judge denied a demurrer, but also denied the petition, finding that the petition was sufficient on its face and there was no evidence of improprieties shown on the face of the petitions. Real Parties negotiated a settlement on attorneys fees.
