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BEAUMONT INVESTORS v. BEAUMONT-CHERRY VALLEY

Docket No. 29992.

165 Cal.App.3d 227 (1985)

211 Cal. Rptr. 567

BEAUMONT INVESTORS et al., Plaintiffs and Appellants, v. BEAUMONT-CHERRY VALLEY WATER DISTRICT et al., Defendants and Respondents.

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

March 5, 1985.

Attorney(s) appearing for the Case

COUNSEL

Steven E. Smith for Plaintiffs and Appellants.

Redwine & Sherrill and Frederick A. Bryson for Defendants and Respondents.

OPINION

McDANIEL, J.

On this appeal, we are asked to consider whether a facilities fee enacted by a water district constitutes a "special tax" within the meaning of article XIII A, section 4, of the California Constitution (Prop. 13), and thus must be approved by a two-thirds vote of the electors in the district.

FACTUAL AND PROCEDURAL BACKGROUND

On September 4, 1980, the Beaumont-Cherry Valley Water District Board...

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