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THE PINES v. CITY OF SANTA MONICA

Docket No. L.A. 31338.

29 Cal.3d 656 (1981)

630 P.2d 521

175 Cal. Rptr. 336

THE PINES et al., Plaintiffs and Respondents, v. CITY OF SANTA MONICA, Defendant and Appellant.

Supreme Court of California.

July 16, 1981.

Attorney(s) appearing for the Case

COUNSEL

Richard L. Knickerbocker, City Attorney, Steven S. Stark, Acting City Attorney, Kaplan, Livingston, Goodwin, Berkowitz & Selvin and Herman F. Selvin for Defendant and Appellant.

Paul, Hastings, Janofsky & Walker and Ronald M. Oster for Plaintiffs and Respondents.

OPINION

NEWMAN, J.

Plaintiffs, eight condominium developers, challenge the validity of the Santa Monica Condominium Tax Law and seek refund of taxes paid in the amount of $138,000 plus interest. The ordinance imposes a one-time charge of $1,000 per salable unit.

(1a) The trial court ruled that the tax was invalid because subdivision development and construction are matters of statewide concern, preempted by the...

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