CITY OF WOODLAKE v. LOGAN

Docket No. F014631.

230 Cal.App.3d 1058 (1991)

282 Cal. Rptr. 27

CITY OF WOODLAKE, Plaintiff and Appellant, v. THOMAS C. LOGAN, as County Auditor, etc., Defendant and Respondent.

Court of Appeals of California, Fifth District.

May 29, 1991.


Attorney(s) appearing for the Case

COUNSEL

McCormick, Kabot, Michner & Foley, Walter K. McCormick and S.L. Kabot for Plaintiff and Appellant.

James K. Hahn, City Attorney (Los Angeles), Richard A. Dawson, Assistant City Attorney, Michael L. Klekner, Deputy City Attorney, Jerome F. Coleman, City Attorney (Burlingame), Thomas Haas, City Attorney (Walnut Creek), Paul Valle-Riestra, Assistant City Attorney, Robert K. Booth, Jr., City Attorney (Los Altos), Michael F. Dean, City Attorney (Roseville), John L. Cook, City Attorney (Napa), Brian M. Libow, City Attorney (San Pablo), Jeffrey G. Jorgensen, City Attorney (San Luis Obispo), Carol B. Tanenbaum, City Attorney (Placentia), Jeffrey A. Walter, City/Town Attorney (Martinez, Benicia, Cotati and Corte Madera), Maurice F. O'Shea, City Attorney (Paramount, Bellflower and Hawaiian Gardens), and Thomas W. Allen, City Attorney (Los Alamitos and Stanton), as Amici Curiae on behalf of Plaintiff and Appellant.

Lita O'Neill Blatner, County Counsel, Robert L. Felts, Assistant County Counsel, and James G. Line, Deputy County Counsel, for Defendant and Respondent.


OPINION

THAXTER, J.

We declare the unconstitutionality of the voter approval requirement for local general tax enactments adopted by the electorate as part of a statewide statutory initiative (Proposition 62) in the November 1986 General Election and codified as Government Code1 sections 53723 and 53724. We further decide that the enforcement provisions codified in section 53728, reducing a local government...

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