Court Reverses Ruling Granting an Anti-SLAPP Motion to Strike City's Suit Over Eminent Domain Reform Ballot Initiative
In City of Riverside v. Stansbury, the Fourth Appellate District reversed the trial court's ruling granting defendants' anti-SLAPP motion, thereby allowing the City to proceed with its challenge to a ballot initiative. Defendants had submitted the ballot initiative to amend the City of Riverside's charter, restricting the City's use of eminent domain. The City sued, seeking declaratory relief that the proposed initiative was invalid, as it addressed a matter of statewide concern and was internally inconsistent. Defendants moved to dismiss the City's action under Code of Civil Procedure section 425.16, which provides for a special motion to strike strategic lawsuits against public participation, or "SLAPP" actions. While the trial court granted defendants' motion, the appellate court determined that the City's suit did not arise from any protected activity--rather, it simply disputed the validity of the proposed initiative. Therefore, the anti-SLAPP statute did not apply. The court also noted that granting an anti-SLAPP motion in these circumstances would mean that an initiative's constitutionality could never be challenged prior to the election, which was contrary to law.
