Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17i <br />18 <br />19 <br />20 <br />21 <br />23, <br />24 <br />25 <br />26 <br />27 <br />28 <br />Ct AtIUAYEYSWX6 <br />WDM.5i <br />R�E MS@ 915n <br />(951) d'J. -5 %) <br />15, Federal law is the supreme law of the land and trumps the laws of a state or locality <br />that are inconsistent with a federal law. United States Constitution, Article VI, clause 2 provides <br />that: <br />"This Constitution, and the Laws of the United States which shall be made in <br />Pursuance thereof: and all Treaties made, or which shall be made, under the <br />Authority of the United States, shall be the supreme Law of the Land; and the Judges <br />in every State shall be bound thereby, any Thing in the Constitution or Laws of any <br />State to the Contrary notwithstanding." <br />16. Government Code section 37100 states that no "legislative body" in the State of <br />California may pass an ordinance that conflicts with federal law. Plaintiff is a "legislative body" <br />within in the meaning of Government Code section 37100. <br />17. Riverside Municipal Code section 19.150.020 (which the Initiative purports to <br />amend) embodies the same principle. It states as follows regarding permissible zoning in the <br />City of Riverside: "Any use which is prohibited by state and /or federal law is also strictly <br />prohibited" Thus, consistent with Article VI of the United States Constitution and Government <br />Code section 37100, the City of Riverside cannot enact local zoning laws that contravene federal <br />law. <br />18. The Initiative would delete the current portion of Riverside Municipal Code section <br />19.150,020 that prohibits any use prohibited by federal law. (See Exhibit A, pp. 33.) <br />I9. There are numerous land uses that are prohibited by federal law. Examples include <br />the following: <br />a. The land use provisions of the Religious Land Use and Institutionalized Persons <br />Act of 2000 protect individuals, houses of worship, and other religious institutions <br />from discrimination in zoning laws. Prior to the passage of this law, a Florida city <br />prohibited religious institutions from locating in the downtown area for more than <br />two years, which forced a religious institution to leave the area and created a <br />religion -free zone. Another Florida city had prohibited churches and synagogues <br />from locating within city limits. <br />-4- <br />COMPLAINT FOR DECLARATORY RELIEF <br />