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Measure D Upheld by Court of Appeal

Alameda County (California) growth control measure upheld in court--for a second time--against a challenge from developers.

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Victory

On March 17, 2003, the Court of Appeal uphelp a lower court ruling that dismissed a developers' challenge to Measure D, a growth-control measure passed by Alameda County (California) voters in 2000.

In late September 2001, Alameda County Superior Court Judge James Richmond had dismissed a lawsuit filed by developers aimed at overturning Measure D, which had been put on the ballot by environmentalists and voted into law by county residents by a margin of 57 percent to 43 percent.

Measure D is designed to preserve vanishing agricultural lands and to protect open space, watersheds, and wildlife habitat. The measure limits sprawl by setting a county urban growth boundary, preventing subdivisions on the farms and ranches of eastern Alameda County and in the canyonlands east of Castro Valley, Hayward, Union City and Fremont. The measure encourages infill and transit-friendly development to help revitalize neighborhoods within existing urban boundaries. This court victory provides a model for communities fighting sprawl across the country.

Program Area:  Healthy Communities
Office:  California
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