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CARMAN v. ALVORD

Docket No. L.A. 31516.

31 Cal.3d 318 (1982)

644 P.2d 192

182 Cal. Rptr. 506

RICHARD M. CARMAN, Plaintiff and Appellant, v. H.B. ALVORD, as Tax Collector, etc., et al., Defendants and Respondents.

Supreme Court of California.

May 10, 1982.

Attorney(s) appearing for the Case

COUNSEL

David Daar, Michael R. Newman, Miller & Daar and Erwin Sobel for Plaintiff and Appellant.

John Howard Sullivan, Ronald A. Zumbrun, John H. Findley and Joseph E. Maloney as Amici Curiae on behalf of Plaintiff and Appellant.

Graham A. Ritchie, City Attorney, and Simmons, Ritchie, Segal & Stark for Defendants and Respondents.

Jeffrey N. Haney, Acting City Attorney (Oakland), Susan Watkins, Assistant City Attorney, Michael W. Stamp, Alan C. Davis, Duane W. Reno, Davis, Cowell & Bowe, George Agnost, City Attorney (San Francisco), Burk E. Delventhal, Deputy City Attorney, Norman Lieberman, City Attorney (Monterey Park), Meserve, Mumper & Hughes, William D. Ross, Ochoa, Barbosa & Glennon, Henry S. Barbosa, Bert Glennon, Jr., Richard J. Morillo, Sidney Maleck, City Attorney (El Monte), A. Charles Dell'Ario, Elizabeth J. Robison, Wendel, Lawlor, Rosen & Black, Robert C. Hays, Arnold S. Petersen and John L. Cook, City Attorney (Eureka), as Amici Curiae on behalf of Defendants and Respondents.

George Deukmejian, Attorney General, and Gordon Zane, Deputy Attorney General, as Amici Curiae.

OPINION

NEWMAN, J.

Richard Carman, a landowner in San Gabriel (City), appeals from a judgment of dismissal after the demurrer to his third amended complaint for refund of 1978-1979 taxes was sustained without leave to amend. The issue is whether article XIII A of the state Constitution (the four-year-old Prop. 13) permits levy of an ad valorem tax in excess of the 1-percent-of-value limit, in order to meet City's obligations to the...

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