ASSOCIATED HOME BUILDERS ETC. v. CITY OF NEWARK

Docket No. 27236.

18 Cal.App.3d 107 (1971)

95 Cal. Rptr. 648

ASSOCIATED HOME BUILDERS OF THE GREATER EAST BAY, INC., Plaintiff and Appellant, v. CITY OF NEWARK, Defendant and Respondent.

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

June 15, 1971.


Attorney(s) appearing for the Case

COUNSEL

Brobeck, Phleger & Harrison, Howard N. Ellman, Edwin A. Frey, Jr., Alan F. Greenwald and Robert C. Kirkwood for Plaintiff and Appellant.

Sturgis, Den-Dulk, Douglass & Anderson, Robert I. Anderson and Anthony J. Garcia for Defendant and Respondent.


OPINION

DRAPER, P.J.

Plaintiff is an incorporated association of contractors engaged in the construction of residential buildings. In this declaratory relief action, it seeks to establish the invalidity of a license tax ordinance (No. 91) of defendant, a general law city. This ordinance, concededly solely a revenue measure, imposes a tax upon the business of constructing dwellings. The measure of the tax is the number of bedrooms...

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