[DOWNLOAD] "Howard Jarvis Taxpayers Association v. City of Fresno" by In the Court of Appeal of the State of California Fifth Appellate District * eBook PDF Kindle ePub Free
eBook details
- Title: Howard Jarvis Taxpayers Association v. City of Fresno
- Author : In the Court of Appeal of the State of California Fifth Appellate District
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
Appellant?s petition for rehearing was denied April 19, 2005 CERTIFIED FOR PUBLICATION OPINION This is an appeal from judgment for plaintiffs and respondents Howard Jarvis Taxpayers Association and others (collectively plaintiffs), entered on the parties' cross-motions for summary judgment. Appellant City of Fresno (Fresno) contends on appeal that its assessment of a fee in lieu of property taxes upon its own utility departments is unaffected by Proposition 218, the Right to Vote on Taxes Act, approved by the voters in 1996. Plaintiffs contend the fee is prohibited by Proposition 218, as the trial court ruled. We conclude the fee, in its present form, violates the constitutional provisions adopted through Proposition 218. We affirm the judgment. 1 FACTS AND PROCEDURAL HISTORY