Krejci v. City of Saratoga Springs

Capital Assets Financial Services, the owner of property within the City of Saratoga Springs, asked the city council to rezone its property from a low density to a medium density residential zone. The city council granted the request. A group of citizens submitted a petition to the City requesting that the site-specific rezoning be placed on the ballot as a referendum. The City granted the request. Capital Assets subsequently filed a complaint against the City requesting a declaration that the action of the city council was made through its administrative, and not legislative, power. The district court ruled in favor of Capital Assets, declaring that the site-specific zoning was administrative and thus not subject to referendum, and enjoining the City from placing the referendum on the ballot. Thereafter, the citizens’ group filed a petition for an extraordinary writ. The Supreme Court granted the petition and directed the City to place the referendum on the ballot, holding that the site-specific rezone of Capital Assets’ property was a legislative matter and thus subject to referendum.

Krejci v. City of Saratoga Springs