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UNFAIR FIRE TAX COMMITTEE v. OAKLAND

No. A109510.

39 Cal.Rptr.3d 701 (2006)

136 Cal.App.4th 1424

UNFAIR FIRE TAX COMMITTEE, Plaintiff and Appellant, v. CITY OF OAKLAND, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

February 27, 2006.

Attorney(s) appearing for the Case

Law Office of Paul Kleven, Paul Kleven, Esq., Berkeley, for Plaintiff and Appellant.

John A. Russo, City Attorney, Barbara J. Parker, Esq., Chief Assistant City Attorney, Mark T. Morodomi, Esq., Deputy City Attorney, for Defendant and Respondent.

SWAGER, J.

The Unfair Fire Tax Committee, an association of property owners (hereafter plaintiff), brought an action against the City of Oakland (hereafter City) to challenge the creation of a fire suppression assessment district (hereafter fire suppression district) and now appeals an order sustaining the City's demurrer to its second amended complaint and dismissing the complaint. We reverse.

PROCEDURAL BACKGROUND

The plaintiff's complaint, as...

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