P. v. City of San Jose CA6
In the underlying action in quo warranto against the City of San Jose (City), the San Jose Police Officers’ Association (SJPOA) challenged the validity of Measure B, a voter-approved amendment to the City Charter. Supporters of Measure B—Peter Constant, the Silicon Valley Taxpayers Association (SVTA), and Steven Haug (collectively, appellants)—sought unsuccessfully to intervene in its defense. The suit was resolved by way of a stipulated judgment invalidating Measure B. Appellants appealed from the stipulated judgment and the order denying their motion to intervene.
In July 2016, this court stayed enforcement of the stipulated judgment pending the resolution of this appeal. Since that time, City voters approved Measure F, which superseded Measure B.
According to appellants, at issue on appeal is whether a city may stipulate to the judicial invalidation of a voter-enacted charter amendment.
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