Is a city council allowed to suspend a suspended ordinance because it does not address the subject matter of the suspended ordinance?

California, United States of America


The following excerpt is from Cnty. of Kern v. T.C.E.F., Inc., 200 Cal.Rptr.3d 714, 246 Cal.App.4th 301 (Cal. App. 2016):

Conversely, a city council is allowed to " deal further with the subject matter of the suspended ordinance, by enacting an ordinance essentially different from the ordinance protested against.... " ( Martin v. Smith, supra, 176 Cal.App.2d at p. 118, 1 Cal.Rptr. 307 .) This legal standard does not require a return to the status quo ante in every particular, allows for some changes, but significantly limits the authority of a city council to make changes that address the subject matter of the protested ordinance.

[246 Cal.App.4th 322]

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