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State Law Prevails Over Slow-Growth Vote in Encinitas

It’s not quite Marbury v. Madison, but the City of Encinitas got a pretty stern lesson in the principle of judicial review in December. For the second time in two years, the Superior Court overruled the will of Encinitas voters and has ordered the city to adopt a housing element that conforms to state housing laws and Regional Housing Needs Assessment numbers – and this time the city’s residents might not get to vote on it, as their own ordinances require.

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