Dr. Michael S. Brophy v. Dean C. Logan, Registrar-Recorder/County Clerk for Los Angeles County, Carla Morreale, City Clerk for the City of Rancho Palos Verdes
Published: Sep. 25, 2010 | Result Date: Sep. 8, 2010 | Filing Date: Jan. 1, 1900 |Case number: BS128105 Bench Decision – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Paul T. Gough
(Law Office of Paul T. Gough)
Defendant
Douglas W. Stern
(Los Angeles County Superior Court)
Facts
Measure P is a ballot initiative, prepared by Marymount College, located in Rancho Palos Verdes, that will go before voters in November. If adopted, the measure would allow Marymount College to add dormitories for 250 students. This would be in addition to remodels previously authorized by the City Coucil of Rancho Palos Verdes.
Plaintiff Dr. Michael Brophy brought suit, on behalf of Marymount College, against Dean Logan, the Los Angeles County Registrar Recorder, in his official capacity, in response to the opposition ballot argument.
Contentions
PLAINTIFF'S CONTENTIONS:
Brophy argued that the ballot argument opposing Measure P was "false and misleading," in that it claimed that the initiative would eliminate city oversight. Brophy sought to have a portion of the opposition argument struck from the Voter Pamphlet.
Damages
Brophy sought injunctive relief, revising the language of the argument.
Result
The Court denied the Brophy's petition. The court found the opposition argument was not false or misleading and that the petition was being used as a means of attempting to censor political speech.
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