COX CABLE SAN DIEGO, INC. v. COUNTY OF SAN DIEGO

Docket No. D003364.

185 Cal.App.3d 368 (1986)

229 Cal. Rptr. 839

COX CABLE SAN DIEGO, INC. Plaintiff and Respondent, v. COUNTY OF SAN DIEGO, Defendant and Appellant.

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

September 9, 1986.


Attorney(s) appearing for the Case

COUNSEL

Lloyd M. Harmon, Jr., County Counsel, and Joseph Kase, Jr., Assistant County Counsel, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Philip C. Griffin, Deputy Attorney General, as Amici Curiae on behalf of Defendant and Appellant.

Ferris, Brennan & Britton, Alfred G. Ferris, Tamara K. Fogg and Gary D. Weatherford for Plaintiff and Respondent.


OPINION

LEWIS, J.

Are the rights to use and occupy, both overhead and underground, public rights-of-way conferred on a cable television system by a city or county franchise or license subject to property tax assessed against the franchisee or licensee by the county assessor? The trial court held, among other things, those rights are not subject to property tax as there was no possessory interest subject to taxation. The trial court...

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