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CITY OF OAKLAND v. DIGRE

Docket No. A042876.

205 Cal.App.3d 99 (1988)

252 Cal. Rptr. 99

CITY OF OAKLAND, Petitioner, v. RICHARD DIGRE, as Director of Finance, etc., Respondent.

Court of Appeals of California, First District, Division Five.

October 14, 1988.

Attorney(s) appearing for the Case

COUNSEL

Jerome B. Falk, Jr., Ann Brick, Peter J. Busch, Kirk E. Trost, Howard, Rice, Nemerovski, Canady, Robertson & Falk, Jayne W. Williams, City Attorney, and Joyce M. Hicks, Assistant City Attorney, for Petitioner.

Burk E. Delventhal, Deputy City Attorney (San Francisco), as Amicus Curiae on behalf of Petitioner.

Peter W. Davis, Robert E. Zang, Ezra Hendon, Paul D. Fogel and Crosby Heafey, Roach & May for Respondent.

Ronald A. Zumbrun, Anthony T. Caso, Jonathan M. Coupal and Jeffrey T. Even as Amici Curiae on behalf of Respondent.

OPINION

LOW, P.J.

In this case, we hold that Oakland's Neighborhood Services Retention Act of 1988, a flat-fee "parcel tax" designed to raise revenue for the support of municipal services, is a non-ad valorem general property tax prohibited by article XIII, section 1 of the California Constitution. In so doing, we only invalidate the tax ordinance before us. We do not hold that a flat-fee parcel tax must necessarily be considered...

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