On Friday, July 29, 2016, Alliance for Responsible Planning (EDCARP) filed a Petition for Writ of Mandate in El Dorado County Superior Court seeking to invalidate Measure E on grounds that it is unconstitutional, violates state law, and is inconsistent with and frustrates implementation of the County’s adopted General Plan.

We respect El Dorado County voters and their right to enact legislation through the initiative process. The law, however, does not set a double standard for legislation adopted by initiative, and neither elected officials nor voters are empowered to pass legislation that is unconstitutional or violates California law.

Prior to the election, EDCARP, along with many other organizations, expressed valid concerns that Measure E did not simply target large development projects, but instead would stop “discretionary” approvals of many uses we need and want in our communities – to create jobs, to encourage small businesses, to support agriculture, to provide housing for moderate income families, and to provide facilities and services, such as parks and ballfields for our growing population. These voices were largely drowned out amid campaign rhetoric and claims of developer influence with no basis in reality.

In the weeks since the election, we have spoken to a number of small business and property owners trying to come to grips with how their future will be impacted. We will share some of these stories with you over the next weeks and months. Sadly, though, it appears for most there is no viable path forward under Measure E.

Time will tell what the outcome will be. Ultimately, we believe these complex issues are unlikely to be resolved through interpretation or negotiation, and must be addressed by the courts.

Follow these links to copies of the Alliance Petition for Writ of Mandate July 29, 2016 and Exhibits to Alliance Petition fo Writ of Mandate July 29, 2016