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BISHOP, McINTOSH & McINTOSH v. MOLMEN

Docket No. 46419.

116 Cal.App.3d 278 (1981)

172 Cal. Rptr. 38

BISHOP, McINTOSH & McINTOSH, Plaintiff and Appellant, v. ORVILLE N. MOLMEN, as Tax Collector, etc., Defendant and Respondent.

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

February 25, 1981.

Attorney(s) appearing for the Case

COUNSEL

Joan M. McGuire, Weld & Freeland and Robert S. Beach for Plaintiff and Appellant.

Iver E. Skjeie, County Counsel, and Henry I. Jorgensen, Deputy County Counsel for Defendant and Respondent.

OPINION

GRODIN, J.

The Revenue and Taxation Code provides, in section 5096, subdivision (b) that on order of a county's board of supervisors, property taxes which have been "[e]rroneously or illegally collected" are to be refunded. Section 5097 provides, however, that "(a) No order for a refund ... shall be made, except on a claim: ... (2) Filed within four years after making of the payment sought to be refunded or within one year...

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