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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />21 <br />22 <br />23 <br />INTRODUCTORY ALLEGATIONS <br />1. This case involves a pre - election challenge by Plaintiff to a proposed ballot initiative <br />(the "Initiative ") that attempts to use the initiative power to delete portions of the Municipal <br />Code that, pursuant to State law. bar the City from enacting zoning provisions contrary to federal <br />law. The Initiative also affirmatively authorizes the establishment of specific uses prohibited by <br />federal law. The "Notice Of Intent To Circulate Petition" and the Initiative itself are attached to <br />this Complaint as "Exhibit A," and are incorporated by reference herein. <br />2. Under the Supremacy Clause of the United States Constitution, federal law is the <br />supreme law of the land, and state court judges are bound to follow federal law in all instances, <br />even when it contravenes state law. <br />law, <br />3. State law prohibits the enactment of any legislation that contravenes federal law. <br />4. Local law prohibits the enactment of any zoning laws that contravene state or federal <br />5. The Initiative goes beyond the legislative powers of the electorate by purporting to <br />amend the Riverside Municipal Code to a) contrary to state and federal law, eliminate the <br />requirement that City zoning regulations not contravene federal law; and b), contrary to slate and <br />federal law, enact zoning regulations that affirmatively sanction and support the cultivation and <br />distribution of a Schedule 1 drug in contravention to the dictates of federal law. <br />6. Immediate and urgent relief is therefore sought from this Court to ensure that the <br />Registrar of Voters and Plaintiff shall not be required to expend any additional funds or to <br />engage in any further actions to place the unlawful Initiative on the ballot. <br />THE PARTIES <br />7. Plaintiff City of Riverside ( "City ") is now, and has been at all times mentioned in this <br />complaint, a California charter city and municipal corporation organized and existing under the <br />2511 constitution and laws of the State of California. <br />8. Defendant Rebecca A. Spencer ( "Spencer ") is the Acting Registrar of Voters for the <br />27 11 County of Riverside ( "Registrar of Voters "). Plaintiff is informed and believes, and based <br />28 thereon, alleges that Spencer is the person within the County of Riverside ( "County "), acting <br />Cmnrm WSOH <br />aso Mx b y e ¢ r - 2 - <br />RrvEa51u):GYSSZI <br />t95t1 xz�.rb; <br />COMPLAINT FOR DECLARATORY RELIEF <br />