The lawsuit involving Move Eden Housing, Richard Ryon, and Thomas Ramos (plaintiffs) against the City of Livermore and Livermore City Clerk Marie Weber (defendants) was filed in the Court of Appeal of the State of California, First Appellate District, Division Five. The case ID is A167346 and it was filed on March 6, 2024. The plaintiffs are appealing the superior court's denial of their petition for a writ of mandate requiring the defendants to process their referendum petition.
The plaintiffs' referendum petition challenges a City Council resolution approving a development agreement between the City and Eden Housing, Inc. for housing development in downtown Livermore. The City Clerk refused to take further action on the petition upon advice from the City Attorney, who claimed that the proposed referendum would be invalid as the challenged resolution was an administrative act.
The superior court agreed with this position and denied the writ petition. However, this decision has been reversed on appeal as it was found that adoption of the challenged resolution was a legislative act subject to referendum power due to its approval of construction and improvements to a new public park.
The plaintiffs are seeking for respondents to process their referendum petition as required by Elections Code. They also seek reversal of the court’s order requiring them to file an undertaking under Code of Civil Procedure section 529.2 as security for costs and damages due to the action.