What is the test for establishing that a city or county can adopt a charter?

California, United States of America


The following excerpt is from Johnson v. Bradley, 14 Cal.Rptr.2d 470, 4 Cal.4th 389, 841 P.2d 990 (Cal. 1992):

7 Article XI, section 3 of the state Constitution sets out the procedures by which a city or county may adopt a charter. Article XI, section 4 concerns the scope and effect of county charters.

8 See Adams v. Wolf (1948) 84 Cal.App.2d 435, 442-443, 190 P.2d 665.

9 We note that, under the 1914 constitutional amendments ( ante, p. 474 of 14 Cal.Rptr.2d, 994 of 841 P.2d, a "conflict" may exist between state and local authority even though the city has not specifically legislated on that point through its charter, or by other "enactment." (See City of Pasadena v. Charleville (1932) 215 Cal. 384, 387, 391-392, 10 P.2d 745.)

10 See post, page 477 of 14 Cal.Rptr.2d, 997 of 841 P.2d.

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