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BRET HARTE INN, INC v. CITY AND COUNTY OF SAN FRANCISCO

Docket No. S.F. 23263.

16 Cal.3d 14 (1976)

544 P.2d 1354

127 Cal. Rptr. 154

BRET HARTE INN, INC., Plaintiff and Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant.

Supreme Court of California. In Bank.

February 3, 1976.

Attorney(s) appearing for the Case

COUNSEL

Thomas M. O'Connor, City Attorney, and George E. Baglin, Deputy City Attorney, for Defendant and Appellant.

Lowenthal & Lowenthal, Morris Lowenthal and Juliet Lowenthal as Amici Curiae on behalf of Defendant and Appellant.

Athearn, Chandler & Hoffman, Theodore P. Lambros and Richard Harrington for Plaintiff and Respondent.

OPINION

SULLIVAN, J.

Defendant City and County of San Francisco appeals from a judgment granting recovery of certain personal property taxes paid under protest. The major question before us is whether an assessor, in determining full cash value pursuant to relevant constitutional and statutory provisions, may do so by simply discounting acquisition cost by a uniform 50 percent "depreciation...

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