Legal Opinion

Howard Jarvis Taxpayers Ass'n v. City of San Diego

California Court of Appeal

Decided May 19, 1999No. D031348PublishedCited by 19 opinions

1Opinion of the Court

Opinion

KREMER, P. J.

The issue here is whether a business improvement district (BID) assessment imposed on businesses is governed by Proposition 218 (Cal. Const., arts. XIII C, XIII D 1 ). We conclude Proposition 218 does not apply and affirm.

Factual and Procedural Background

The plaintiffs in this case are four businesses 2 in Pacific Beach who are subject to a levy pursuant to the Pacific Beach BID and the Howard Jarvis Taxpayers Association (hereafter collectively referred to as the Association). The plaintiffs, through counsel, registered their opposition to the Pacific Beach BID at a…

2Cases cited8 opinions

  1. People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
  2. People v. JonesCalifornia Supreme Court · 1993
  3. Arnett v. Dal CieloCalifornia Supreme Court · 1996
  4. Rider v. County of San DiegoCalifornia Supreme Court · 1991
  5. County of Fresno v. MalmstromCalifornia Court of Appeal · 1979

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3Cited by19 opinions

  1. Apartment Ass'n of L.A. Cty. Inc. v. City of Los AngelesCalifornia Supreme Court · 2001
  2. Brooktrails Township Com. Services Dept. v. Bd. Super. Mendocino Cty. CA1/2California Court of Appeal · 2013
  3. City of Saratoga v. HinzCalifornia Court of Appeal · 2004
  4. Bay Area Cellular Telephone Co. v. City of Union CityCalifornia Court of Appeal · 2008
  5. Weisblat v. City of San DiegoCalifornia Court of Appeal · 2009

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