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NORSCO ENTERPRISES v. CITY OF FREMONT

Docket No. 35697.

54 Cal.App.3d 488 (1976)

126 Cal. Rptr. 659

NORSCO ENTERPRISES, Plaintiff and Respondent, v. CITY OF FREMONT, Defendant and Appellant.

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

January 19, 1976.

Attorney(s) appearing for the Case

COUNSEL

Allen E. Sprague, City Attorney, and Theodore R. Bresler, Assistant City Attorney, for Defendant and Appellant.

Calvin T. Goforth for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

This appeal concerns the validity of certain "in lieu fees" levied upon plaintiff Norsco Enterprises or its affiliate Norsco, Inc. (hereafter "Norsco") by the City of Fremont (hereafter sometimes "City"), under the ostensible authority of Business and Professions Code section 11546 (hereafter "section 11546").1 That statute provided...

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