Associated Home Builders of the Greater East Bay, Inc. v. City of Newark
California Court of Appeal
1Opinion of the Court
Opinion
DRAPER, P. J.
Plaintiff is an incorporated association of contractors engaged in the construction of residential buildings. In this declaratory relief action, it seeks to establish the invalidity of a license tax ordinance (No. 91) of defendant, a general law city. This ordinance, concededly solely a revenue measure, imposes a tax upon the business of constructing dwellings. The measure of the tax is the number of bedrooms in the units to be constructed. It is required to be paid before the building permit is issued, and the fees received are to be deposited by the city in a “capital…
2Cases cited15 opinions
- Burks v. Poppy Construction Co.California Supreme Court · 1962
- ASSOCIATED HOME BUILDERS ETC. v. City of Walnut CreekCalifornia Supreme Court · 1971
- Fox Bakersfield Theatre Corp. v. City of BakersfieldCalifornia Supreme Court · 1950
- Bueneman v. City of Santa BarbaraCalifornia Supreme Court · 1937
- Security Truck Line v. City of MontereyCalifornia Court of Appeal · 1953
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3Cited by13 opinions
- Marsh & McLennan of California, Inc. v. City of Los AngelesCalifornia Court of Appeal · 1976
- John Tennant Memorial Homes, Inc. v. City of Pacific GroveCalifornia Court of Appeal · 1972
- Westfield-Palos Verdes Co. v. City of Rancho Palos VerdesCalifornia Court of Appeal · 1977
- Ladd v. State Board of EqualizationCalifornia Court of Appeal · 1973
- City of Berkeley v. CukiermanCalifornia Court of Appeal · 1993
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