Legal Opinion

Berry v. Alameda Board of Supervisors

District Court, N.D. California

Decided November 28, 1990No. C-89-3310-CALPublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

LEGGE, District Judge.

This is an action under 42 U.S.C. § 1983 by indigent citizens of Alameda County, California. Plaintiffs allege that defendants have adopted and implemented a state constitutional limitation on real property taxes, Cal. Const, art. XIII A (1978) (“Proposition 13”), and are using that limitation in assessing taxpayers, in violation of plaintiffs’ due process and equal protection rights under the United States Constitution. Plaintiffs ask this court to declare that Proposition 13 is unconstitutional as applied to raising real…

2Cases cited36 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. City of New Orleans v. DukesSupreme Court of the United States · 1976
  3. Brown v. Board of EducationSupreme Court of the United States · 1955
  4. Milliken v. BradleySupreme Court of the United States · 1977
  5. Ferguson v. SkrupaSupreme Court of the United States · 1963

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3Cited by4 opinions

  1. Pacific Bell Telephone Co. v. City of HawthorneDistrict Court, C.D. California · 2001
  2. Chaudry v. County of San DiegoDistrict Court, S.D. California · 2022
  3. Gamal Soloman v. Alex VillanuevaDistrict Court, C.D. California · 2022
  4. Thomas F. Merry v. Wesley Cornelius, Chelan County Assessor, in his official capacity; Russ Griffith, Chelan County Treasurer, in his official capacity; Kevin Overbay; Shon Smith; Brad Hawkins, Chelan County Board of Commissioners, in their official capacities; Robert Sealby, Chelan County Prosecuting Attorney, in his official capacity; Mike Pellicciotti, Washington State Treasurer, in his official capacity; Bob Ferguson, Governor of the State of Washington, in his official capacity; Drew Shirk, Director of the Washington State Department of RevenueDistrict Court, E.D. Washington · 2026

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