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ASSOCIATED HOMEBUILDERS v. CITY OF LIVERMORE

Docket No. S.F. 20414.

56 Cal.2d 847 (1961)

366 P.2d 448

17 Cal. Rptr. 5

ASSOCIATED HOMEBUILDERS OF THE GREATER EAST BAY, INC., Plaintiff and Respondent, v. CITY OF LIVERMORE, Defendant and Appellant.

Supreme Court of California. In Bank.

November 16, 1961.

Attorney(s) appearing for the Case

Richard M. Callaghan, City Attorney, Sturgis, Den-Dulk, Douglass & Anderson and Robert T. Anderson for Defendant and Appellant.

John A. Bohn, Charles J. Williams, Grayson Price, City Attorney (Chico), Melvin E. Cohn, City Attorney (San Carlos), Allen Grimes, City Attorney (Modesto), Robert J. Costello, City Attorney (Redwood City), Ralph H. Prince, City Attorney (San Bernardino), J.P. Correia, City Attorney (Yreka), Thomas C. Nelson, City Attorney (Mill Valley), Henry M. Busch, City Attorney (Upland and Montclair), William A. Struthers, Jr., City Attorney (Pleasanton), Richard B. Maxwell, City Attorney (Santa Rosa), Robert A. Boon, City Attorney (Roseville), Robert R. Willard, City Attorney (Ojai), Edouard Robert, City Attorney (Petaluma), and Frank L. Sprague, City Attorney (Santa Maria), as Amici Curiae on behalf of Defendant and Appellant.

Robert J. Foley, Lawrence D. Saler and Richard L. Doutt for Plaintiff and Respondent.

Fain & Lavine and Richard A. Lavine as Amici Curiae on behalf of Plaintiff and Respondent.

SCHAUER, J.

Defendant City of Livermore appeals from a judgment which declares unconstitutional and void two of its ordinances providing for sewer connection charges for new connections to defendant's sewer system, and awards plaintiff Associated Homebuilders the sum of $102,700, which the trial court found to be the total amount paid to defendant by plaintiff's assignors under both ordinances.

Defendant contends...

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