BUILDING INDUSTRY ASSN. v. CITY OF OXNARD

Docket No. L.A. 31886.

40 Cal.3d 1 (1985)

706 P.2d 285

218 Cal. Rptr. 672

BUILDING INDUSTRY ASSOCIATION OF SOUTHERN CALIFORNIA, Plaintiff and Appellant, v. CITY OF OXNARD, Defendant and Respondent.

Supreme Court of California.

October 7, 1985.


Attorney(s) appearing for the Case

COUNSEL

Stanley E. Cohen, David W. Tredway, Cohen, England, Whitfield & Osborne and Cohen, England & Whitfield for Plaintiff and Appellant.

Fadem, Berger & Norton, Michael M. Berger, Pillsbury, Madison & Sutro, Allan N. Littman, James F. Kirkham, Michael H. Salinsky and Debra B. Keil as Amici Curiae on behalf of Plaintiff and Appellant.

K.D. Lyders, City Attorney, for Defendant and Respondent.

Helm, Budinger & Lemieux, Wayne K. Lemieux, George Agnost, City Attorney (San Francisco), Burk E. Delventhal, Deputy City Attorney, McMorris M. Dow, Jerome B. Falk, Jr., Peter J. Busch, Howard, Rice, Nemerovski, Canady, Robertson & Falk, John W. Witt, City Attorney (San Diego), Janis Sammartino Gardner, Freilich, Leitner & Carlisle, Robert H. Freilich, Martin L. Leitner and Neil R. Shortlidge as Amici Curiae on behalf of Defendant and Respondent.


OPINION

THE COURT.

In June 1981, the City Council of Oxnard enacted a series of three ordinances requiring all persons who wish to construct new development in the city to pay (1) a water system connection fee, (2) a waste water connection fee, and (3) a "Growth Requirements Capital Fee." The following month, on the day the ordinances went into effect, plaintiff Building Industry Association...

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