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J.W. JONES COMPANIES v. CITY OF SAN DIEGO

Docket No. 28765.

157 Cal.App.3d 745 (1984)

203 Cal. Rptr. 580

J.W. JONES COMPANIES et al., Plaintiffs and Respondents, v. CITY OF SAN DIEGO et al., Defendants and Appellants.

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

June 14, 1984.

Attorney(s) appearing for the Case

COUNSEL

John W. Witt, City Attorney, Janis Sammartino Gardner, Deputy City Attorney, Stradling, Yocca, Carlson & Rauth, Richard C. Goodman, Thomas P. Clark, Jr., Barney A. Allison, Freilich & Leitner, Frelich, Leitner & Carlisle, Robert H. Freilich, Martin L. Leitner, Neil R. Shortledge and Wayne M. Senville for Defendants and Appellants.

Robert J. Logan, City Attorney (San Jose), Allen Grimes, City Attorney (Atascadero), Robert W. Parkin, City Attorney (Long Beach), Ira Reiner, City Attorney (Los Angeles), William C. Marsh, City Attorney (Monterey), William J. Adams, City Attorney (Palm Springs), Victor J. Kaleta, City Attorney (Pasadena), George Agnost, City Attorney (San Francisco), Steven A. Amerikaner, City Attorney (Santa Barbara), and Gerald A. Sperry, City Attorney (Stockton), as Amici Curiae on behalf of Defendants and Appellants.

Gray, Cary, Ames & Frye, Lance C. Schaeffer, Brian L. Forbes and Michael M. Hogan for Plaintiffs and Respondents.

OPINION

BUTLER, J.

The City of San Diego, members of the city council and the city auditor and city treasurer, appeal a judgment granting J.W. Jones Companies' and Housing Partners Limited's request for a peremptory writ of mandate requiring San Diego to set aside a resolution imposing a facilities benefit assessment (FBA) on undeveloped property in North University City, and enjoining San Diego from adopting any FBA resolutions imposing...

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