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COUNTY OF MONTEREY v. MADOLORA

Docket Nos. 18468, 18469.

171 Cal.App.2d 840 (1959)

341 P.2d 333

COUNTY OF MONTEREY, Appellant, v. A.C. MADOLORA et al., Respondents. GEORGE NAKAGAWA et al., Respondents, v. COUNTY OF MONTEREY, Appellant.

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

July 10, 1959.

Attorney(s) appearing for the Case

William H. Stoffers, County Counsel, and John O. Thornberry, Chief Deputy County Counsel, for Appellant.

J.R. Lamoreaux for Respondents.

DRAPER, J.

Is a strawberry plant a vine? That is the question presented in these consolidated cases.

One action is by the county to collect taxes levied upon strawberry plants, and the other is by taxpayers to recover like taxes paid under protest. Judgment was in favor of both groups of taxpayers, and the county appeals.

Land and the improvements thereon are to be separately assessed for taxation (Cal. Const., art. XIII, § 2). Under constitutional...

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