Legal Opinion

Samarkand of Santa Barbara, Inc. v. County of Santa Barbara

California Court of Appeal

Decided May 20, 1963No. Civ. 26740PublishedCited by 15 opinions

1Opinion of the CourtAshburn, J.

In eight causes of action plaintiff, invoking the welfare exemption of the Constitution, 1 and the Revenue and Taxation Code, 2 sought return of real property taxes paid to defendant county for the tax years 1955-56 to 1961-62, inclusive. Demurrer to its amended complaint was sustained with leave to amend but plaintiff declined to amend, judgment was entered accordingly and it has appealed from that judgment which dismisses the action.

Two major problems are canvassed by counsel, (1) whether inclusion of the words “educational, scientific or literary purposes" in article II of plaintiff’s…

2Cases cited30 opinions

  1. Cedars of Lebanon Hospital v. County of Los AngelesCalifornia Supreme Court · 1950
  2. In Re AlpineCalifornia Supreme Court · 1928
  3. Chavez v. SargentCalifornia Supreme Court · 1959
  4. Lundberg v. County of AlamedaCalifornia Supreme Court · 1956
  5. People ex rel. Ellert v. CogswellCalifornia Supreme Court · 1896

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3Cited by15 opinions

  1. Armstrong v. County of San MateoCalifornia Court of Appeal · 1983
  2. John Tennant Memorial Homes, Inc. v. City of Pacific GroveCalifornia Court of Appeal · 1972
  3. Stewart v. Board of Medical Quality AssuranceCalifornia Court of Appeal · 1978
  4. Defenders' Townhouse, Inc. v. Kansas CitySupreme Court of Missouri · 1969
  5. Madonna Towers v. Commissioner of TaxationSupreme Court of Minnesota · 1969

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