Legal Opinion
City of Bakersfield v. West Park Home Owners Assn. and Friends
California Court of Appeal
Decided October 31, 2016No. F071869PublishedCited by 3 opinions
1Opinion of the Court
Opinion
McCABE, J.
—California Constitution, 1 article XVI, section 18, prohibits certain public entities, including cities, from incurring indebtedness without a two-thirds vote of the qualified electors. Nevertheless, alternative constitutionally permissible financing methods exist.
Respondent, City of Bakersfield (City), proposed to finance road improvement projects through a public benefit corporation and pay the debt from revenues held in special funds. The City filed an action seeking validation of this finance plan under Government Code section 53511 and Code of Civil Procedure section…
2Cases cited13 opinions
- Rider v. County of San DiegoCalifornia Supreme Court · 1991
- Quantification Settlement Agreement CasesCalifornia Court of Appeal · 2011
- Rider v. City of San DiegoCalifornia Supreme Court · 1998
- City of Oxnard v. DaleCalifornia Supreme Court · 1955
- Monterey Club v. Superior CourtCalifornia Court of Appeal · 1941
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3Cited by3 opinions
- Alliance San Diego v. California Taxpayers Action NetworkCalifornia Court of Appeal · 2025
- Breaking Code Silence v. PapciakDistrict Court, S.D. California · 2022
- SF Urban Forest Coalition v. City and County of S.F.California Court of Appeal · 2019