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ATLAS HOTELS, INC. v. ACKER

Docket No. 7682.

230 Cal.App.2d 658 (1964)

41 Cal. Rptr. 231

ATLAS HOTELS, INC., et al., Plaintiffs and Respondents, v. PHILLIP ACKER, as City Clerk, etc., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District.

November 16, 1964.

Attorney(s) appearing for the Case

Edward T. Butler, City Attorney (San Diego), Robert L. Bergen, Chief Deputy City Attorney, and Gaylord L. Henry, Deputy City Attorney, for Defendants and Appellants.

Gray, Cary, Ames & Frye, Richard A. Burt, Frederick P. Crowell and Josiah L. Neeper for Plaintiffs and Respondents.

STONE, J.*

This is an appeal from a writ of mandate directing appellants, officials of the City of San Diego, to submit an ordinance imposing a transient room tax to the referendum vote of the electors of the City of San Diego.

The City Council of San Diego, a city chartered pursuant to section 8 of article XI of the Constitution, enacted an ordinance imposing on transient occupants of hotel rooms a tax of 4 per cent of the rent...

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