A Friend of the Court

Abstract

Here are the facts. A real estate developer purchases an eight-acre parcel zoned "light industrial." He then seeks approval from the city planning commission to rezone the property to permit construction of a multifamily, high-rise apartment building. The planning commission recommends approval, and the city council accepts the recommendation and approves the requested rezoning. However, in this community, the city charter requires that after the city council approves a rezoning application, it must also be approved by a 55 percent vote of the public in a referendum. In essence, the public gets to veto the city council.