Board of Education v. Superior Court

7 Citing cases

  1. City of Malibu v. California Coastal Com

    121 Cal.App.4th 989 (Cal. Ct. App. 2004)   Cited 11 times

    Good governance cannot permit local voters to override a state decision with a local referendum. For example, in Board of Education v. Superior Court (1979) 93 Cal.App.3d 578 [ 155 Cal.Rptr. 839], the court held that local school boards could not put decisions of the State Board of Education to a referendum. The court stated, "It is firmly held that the acts and resolutions of administrative agencies of the state are not subject to referendum by local electors."

  2. Hancock v. McCarroll

    188 Ariz. 492 (Ariz. Ct. App. 1997)   Cited 10 times

    Thus, we conclude that Hancock was not entitled to obtain a number for an initiative petition to attempt to repeal an action of the District. Our conclusion is in accord with the holding of the court in Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara County, 93 Cal.App.3d 578, 155 Cal.Rptr. 839 (1979). Article II, section 11 of the California Constitution provides that "[i]nitiative and referendum powers may be exercised by the electors of each city or county."

  3. Gurfinkel v. Los Angeles Community College Dist

    121 Cal.App.3d 1 (Cal. Ct. App. 1981)   Cited 6 times
    Rejecting claim that the fundamental right to a primary education provided by the California Constitution extends to a right to a college or community college education

    (See California Teachers Assn. v. Board of Education (1980) 109 Cal.App.3d 738 [ 167 Cal.Rptr. 429], wherein the court refused to create a constitutional right to free district-operated summer school after the summer school program had been substantially limited following the passage of Proposition 13. See also Jarvis v. Cory (1980) 28 Cal.3d 562, 573 [ 170 Cal.Rptr. 11, 620 P.2d 598]; Sonoma County Organization of Public Employees v. County of Sonoma (1979) 23 Cal.3d 296, 302, 310 [ 152 Cal.Rptr. 903, 591 P.2d 1]; Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, 580 [ 155 Cal.Rptr. 839] .)

  4. Opinion No. 97-502

    Opinion No. 97-502 (1997) (Ops.Cal.Atty.Gen. Nov. 12, 1997)

    [Citations.]" ( Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, 585.) Since a local initiative measure may not conflict with state law, a vote of the people may not be required for the sale or lease of a county hospital. (Gov. Code, § 25521.)

  5. Stones v. Los Angeles Community College Dist.

    572 F. Supp. 1072 (C.D. Cal. 1983)   Cited 12 times
    Holding that where, under state law, the legislature retained a large degree of control over community college and substantially all of the college's funding was derived from state itself, the college is an arm of the state for purposes of the Eleventh Amendment

    Id., at 179, 302 P.2d 574. Education has been characterized by several courts as "plainly a state function," and school districts have been perceived as merely agencies of the state for the local operation of the state school system. See Board of Education of the Palo Alto Unified School District v. The Superior Court of Santa Clara County, 93 Cal.App.3d 578, 155 Cal.Rptr. 839 (1979), citing, Hall v. City of Taft, 47 Cal.2d at 180-181, 302 P.2d 574; Lerner v. Los Angeles City Board of Education, 59 Cal.2d 382, 398-399, 29 Cal.Rptr. 657, 380 P.2d 97 (1963). Thus, it appears the state courts have consistently treated the public school system as a state controlled organization.

  6. Mission Springs Water Dist. v. Verjil

    218 Cal.App.4th 892 (Cal. Ct. App. 2013)   Cited 22 times

    None of these provisions grant the power to enact local district initiatives. ( Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, 583, 155 Cal.Rptr. 839 [school district].) We do agree, however, that the Legislature has statutorily granted the power of initiative to the voters of a local water district.

  7. Lynwood Redevelopment Agency v. Angeles Field Partners, LLC

    No. B210165 (Cal. Ct. App. Dec. 10, 2009)

    The Constitution authorizes the Legislature to enact laws providing for the recall of local elected officers. (Cal. Const. art. II, § 19; Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, 585.) The laws governing local recall elections are contained in Elections Code section 11200 et seq.