10 Cited authorities

People v. Honig
48 Cal.App.4th 289 (Cal. Ct. App. 1996) Cited 197 times
Finding employment and remuneration of official's wife by nonprofit organization benefiting from government contract a financial interest
Sinclair Paint Co. v. State Bd. of Equalization
15 Cal.4th 866 (Cal. 1997) Cited 87 times 6 Legal Analyses
In Sinclair Paint, supra, 15 Cal.4th 866, 64 Cal.Rptr.2d 447, 937 P.2d 1350, this court addressed the distinction between taxes, which require two-thirds approval, and regulatory fees, which do not.
Howard Jarvis Taxpayers Assn. v. City of Roseville
97 Cal.App.4th 637 (Cal. Ct. App. 2002) Cited 42 times
Finding violation of section 6 subdivision (b) where revenue from utility ratepayers' fee would be placed in city's general fund to pay for general governmental services without nexus to cost of the service
Howard Jarvis Taxpayers Assn. v. City of Riverside
73 Cal.App.4th 679 (Cal. Ct. App. 1999) Cited 46 times
Using "impose" and "enact" interchangeably when discussing Proposition 218
Howard Jarvis Taxpayers Assn. v. City of Fresno
127 Cal.App.4th 914 (Cal. Ct. App. 2005) Cited 34 times
Adopting same test and concluding imposition of fee on renters does not defeat because “article XIII D broadly defines ownership to include rental interests”
City of San Diego v. Shapiro
228 Cal.App.4th 756 (Cal. Ct. App. 2014) Cited 22 times
In Shapiro, only the landowners (of hotel properties), who could pass the tax on to their hotel guests, were allowed to vote for the tax.
Town of Tiburon v. Bonander
180 Cal.App.4th 1057 (Cal. Ct. App. 2009) Cited 12 times
In Tiburon, the court concluded the undergrounding of utility lines provided only special benefits, stating, "[T]here is little reason to believe the undergrounding project will confer derivative and indirect benefits upon property owners or others outside the [assessment district]."
Citizens for Fair Reu Rates v. City of Redding
233 Cal.App.4th 402 (Cal. Ct. App. 2015) Cited 3 times 2 Legal Analyses
C071906 01-20-2015 CITIZENS FOR FAIR REU RATES et al., Plaintiffs and Appellants, v. CITY OF REDDING et al., Defendants and Respondents. McNeill Law Offices and Walter P. McNeill, Redding, for Plaintiffs and Appellants. Colantuono & Levin, Colantuono, Highsmith & Whatley, Michael G. Colantuono, Los Angeles, Amy C. Sparrow and Michael R. Cobden, Penn Valley, for Defendants and Respondents Braun Blaising McLaughlin Smith, C. Anthony Braun and Justin C. Wynne, Sacramento, for California Municipal Utilities
Section 1
Cal. Const. art. XIIIA § 1 Cited 115 times
Requiring that proposition include " list of the specific school facilities projects to be funded"
Section 1
Cal. Const. art. XIIIC § 1 Cited 63 times
Exempting from the definition of tax " charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof"

CITIZENS FOR FAIR REU RATES v. CITY OF REDDING

10 Cited authorities

Finding employment and remuneration of official's wife by nonprofit organization benefiting from government contract a financial interest

In Sinclair Paint, supra, 15 Cal.4th 866, 64 Cal.Rptr.2d 447, 937 P.2d 1350, this court addressed the distinction between taxes, which require two-thirds approval, and regulatory fees, which do not.

Finding violation of section 6 subdivision (b) where revenue from utility ratepayers' fee would be placed in city's general fund to pay for general governmental services without nexus to cost of the service

Using "impose" and "enact" interchangeably when discussing Proposition 218

Adopting same test and concluding imposition of fee on renters does not defeat because “article XIII D broadly defines ownership to include rental interests”

In Shapiro, only the landowners (of hotel properties), who could pass the tax on to their hotel guests, were allowed to vote for the tax.

In Tiburon, the court concluded the undergrounding of utility lines provided only special benefits, stating, "[T]here is little reason to believe the undergrounding project will confer derivative and indirect benefits upon property owners or others outside the [assessment district]."

Requiring that proposition include " list of the specific school facilities projects to be funded"

Exempting from the definition of tax " charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof"