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SACRAMENTO MUN. UTILITY DIST. v. COUNTY OF SONOMA

Docket No. A050092.

235 Cal.App.3d 726 (1991)

1 Cal. Rptr.2d 99

SACRAMENTO MUNICIPAL UTILITY DISTRICT, Plaintiff and Respondent, v. COUNTY OF SONOMA, Defendant and Appellant.

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

October 28, 1991.

Attorney(s) appearing for the Case

COUNSEL

James P. Botz, County Counsel, Rosemary H. Morgan, Chief Deputy County Counsel, Howard, Rice, Nemerovski, Canady, Robertson & Falk and Steven L. Mayer for Defendant and Appellant.

Morrison & Foerster, Kathy J. Bagdonas and Frank A. McGuire for Plaintiff and Respondent.

Daniel E. Lungren, Attorney General, and Julian O. Standen, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

CHIN, J.

The County of Sonoma (the County) appeals from a judgment invalidating its tax on public entities that generate electricity from geothermal steam in the County. It contends that the constitutional exemption from property taxes for public property does not prohibit a tax on the use of public property. The Sacramento Municipal Utility District (SMUD) contends that the narrowly drawn tax attempts to do indirectly what...

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