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CITY OF DESERT HOT SPRINGS v. COUNTY OF RIVERSIDE

Docket No. 19681.

91 Cal.App.3d 441 (1979)

154 Cal. Rptr. 297

CITY OF DESERT HOT SPRINGS, Plaintiff and Respondent, v. COUNTY OF RIVERSIDE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

April 2, 1979.

Attorney(s) appearing for the Case

COUNSEL

James H. Angell, County Counsel, Loyal E. Keir and William P. McNames, Deputy County Counsel, for Defendant and Appellant.

Donald L. Clark, County Counsel (San Diego), Lloyd M. Harmon, Chief Deputy County Counsel, and Jack Limber, Deputy County Counsel, as Amici Curiae on behalf of Defendant and Appellant.

Best, Best & Krieger, William R. DeWolfe and John E. Brown for Plaintiff and Respondent.

OPINION

MORRIS, J.

This case involves the taxability of the possessory interest of a private contractor-builder under a lease of property owned by the City of Desert Hot Springs, leased to the builder for the purpose of construction by him of certain buildings, and leased back to the city under a lease with option to purchase the buildings at the expiration of the five-year and ten-year anniversary dates of the sublease.

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