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CITY OF WESTMINSTER v. COUNTY OF ORANGE

Docket No. G006360.

204 Cal.App.3d 623 (1988)

251 Cal. Rptr. 511

CITY OF WESTMINSTER, Plaintiff and Appellant, v. COUNTY OF ORANGE et al., Defendants and Respondents; CALIFORNIA TAX REDUCTION MOVEMENT, Intervener and Respondent.

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

September 14, 1988.

Attorney(s) appearing for the Case

COUNSEL

Paul H. Morgan, Howard, Rice, Nemerovski, Canady, Robertson & Falk and Steven L. Mayer for Plaintiff and Appellant.

James P. Botz, County Counsel (Sonoma), James K. Hahn, City Attorney (Los Angeles), Pedro B. Echeverria and Richard A. Dawson, Assistant City Attorneys, and Michael L. Klekner, Deputy City Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Adrian Kuyper, County Counsel, and Victor T. Bellerue, Deputy County Counsel, for Defendants and Respondents.

Straw & Gilmartin, Lawrence J. Straw, Jr., Paul T. Gough, Kaplanis & Grimm and Trevor A. Grimm for Intervener and Respondent.

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

OPINION

CROSBY, J.

In a superior court action for injunctive and declaratory relief, the City of Westminster unsuccessfully challenged the constitutionality of Proposition 62, a statewide statutory initiative passed in November 1986. The initiative will nullify the city's recently enacted utility users' tax unless the municipal electorate approves the levy by November 5, 1988. We believe...

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