Carman v. Alvord
California Supreme Court
1Opinion of the Court
Opinion
NEWMAN, J.
Richard Carman, a landowner in San Gabriel (City), appeals from a judgment of dismissal after the demurrer to his third amended complaint for refund of 1978-1979 taxes was sustained without leave to amend. The issue is whether article XIII A of the state Constitution (the four-year-old Prop. 13) permits levy of an ad valorem tax in excess of the 1 -percent-of-value limit, in order to meet City’s obligations to the Public Employees’ Retirement System (PERS).
We conclude that the tax is permitted by section 1 of article XIII A, which provides: “(a) The maximum amount of any ad…
2Cases cited24 opinions
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