Legal Opinion
American Lung Assn. v. Wilson
California Court of Appeal
Decided December 13, 1996No. Docket Nos. C020782, C020783PublishedCited by 10 opinions
1Opinion of the Court
Opinion
DAVIS, J.
In these two consolidated appeals, we conclude that a portion of Assembly Bill No. 816 (1993-1994 Reg. Sess.) (Stats. 1994, ch. 195) is a legally invalid legislative enactment. The portion of Assembly Bill No. 816 at issue is an appropriations measure that the defendants (collectively, the State) maintain substantively amends Proposition 99 (the 1988 tobacco tax initiative measure). As we explain, this portion of Assembly Bill No. 816 is at odds with Proposition 99 as originally enacted, and, if this part of Assembly Bill No. 816 is construed as a substantive amendment of…
2Cases cited9 opinions
- People v. Western Fruit GrowersCalifornia Supreme Court · 1943
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Harbor v. DeukmejianCalifornia Supreme Court · 1987
- Flanders v. MorrisWashington Supreme Court · 1977
- Pennie v. ReisCalifornia Supreme Court · 1889
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3Cited by10 opinions
- White v. State of CaliforniaCalifornia Court of Appeal · 2001
- California Ass'n of Retail Tobacconists v. StateCalifornia Court of Appeal · 2003
- St. John's Well Child & Family Center v. SchwarzeneggerCalifornia Supreme Court · 2010
- California Correctional Peace Officers Ass'n v. Department of CorrectionsCalifornia Court of Appeal · 1999
- R.J. Reynolds Tobacco Co. v. BontaDistrict Court, E.D. California · 2003
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