Here, the ACLU filed an amicus brief on behalf of members of the Pacific Grove Property Rights Committee, who were being sued by plaintiff Robert Polzkill. Polzkill alleged that the defendants improperly filed an initiative ("Measure B") to be placed on the ballot, and sought to have it removed. In fact, the initiative was mistakenly - due to a misunderstanding - filed with the County office, when it should have been filed with the City. Due to the misunderstanding, the initiative was filed one day after the deadline for filing. Polzkill also sued the City of Pacific Grove and the Registrar of Voters for Monterey County, and sought to have Measure B removed from the ballot.

The initiative in question would limit the density (number of dwelling units per acre) allowed for residential condominiums, as well as timeshares, by way of a zoning ordinance. The case was seen, by attorney for the defendants Michael A. Manlin, as one of many attempts by a wealthy developer to limit the Constitutional freedoms of voters by threatening them with an expensive lawsuit. The court sided with the City of Pacific Grove and the ballot measure was upheld.