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EVANS v. CITY OF SAN JOSE

Docket No. H008169.

3 Cal.App.4th 728 (1992)

4 Cal. Rptr.2d 601

ELAINE EVANS, Plaintiff and Appellant, v. CITY OF SAN JOSE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

February 14, 1992.

Attorney(s) appearing for the Case

COUNSEL

Ronald A. Zumbrun, Anthony T. Caso and Jonathan M. Coupal for Plaintiff and Appellant.

Joan R. Gallo, City Attorney, and George Rios, Assistant City Attorney, for Defendant and Respondent.

Best, Best & Krieger, Douglas S. Phillips and Robert W. Hargreaves as Amici Curiae on behalf of Defendant and Respondent.

OPINION

COTTLE, J.

Appellant Elaine Evans challenges here, as she did in the trial court, the facial constitutionality of those provisions of Streets and Highways Code section 36500 et seq. and San Jose Ordinance No. 22960 which authorize imposition of assessments on businesses for the purposes of general downtown promotion, the furnishing of music, and other expenditures unrelated to capital improvements. The trial court entered...

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