Legal Opinion
Schmeer v. County of Los Angeles
California Court of Appeal
Decided February 21, 2013No. B240592PublishedCited by 34 opinions
1Opinion of the Court
Opinion
CROSKEY, Acting P. J.
A Los Angeles County ordinance prohibits retail stores from providing plastic carryout bags and requires stores to charge customers 10 cents for each paper carryout bag provided. Lee Schmeer and others (Petitioners) filed a combined petition for writ of mandate and complaint challenging the ordinance. Petitioners contend the ordinance violates article XIII C of the California Constitution, as amended by Proposition 26, because the 10-cent charge is a tax and was not approved by county voters. We conclude that the paper carryout bag charge is not a tax for purposes…
2Cases cited17 opinions
- Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011
- Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
- Amador Valley Joint Union High School District v. State Board of EqualizationCalifornia Supreme Court · 1978
- Coalition of Concerned Communities, Inc. v. City of Los AngelesCalifornia Supreme Court · 2004
- Robert L. v. Superior CourtCalifornia Supreme Court · 2003
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cal. Building Industry Assn. v. State Water Resources Control Bd.California Supreme Court · 2018
- Owens v. County of Los AngelesCalifornia Court of Appeal · 2013
- California Chamber of Commerce v. State Air Resources BoardCalifornia Court of Appeal · 2017
- City of San Diego v. ShapiroCalifornia Court of Appeal · 2014
- Reid v. City of San Diego, California Court of Appeal, 5th District2018
29 more not listed; retrieve them via the Exa API.