Russell City Energy Co. v. City of Hayward

Filed 8/7/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE RUSSELL CITY ENERGY COMPANY, LLC, Plaintiff and Appellant, A144749 v. (Alameda County CITY OF HAYWARD, Super. Ct. No. RG14752278) Defendant and Respondent. The “Payments Clause” of an agreement between Russell City Energy Company, LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any taxes on the “development, construction, ownership and operation” of Russell‟s power plant except taxes tethered to ownership of real property. The question…