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ROSSI v. BROWN

Docket No. S035265.

9 Cal.4th 688 (1995)

889 P.2d 557

38 Cal. Rptr.2d 363

LEO ROSSI et al., Plaintiffs and Respondents. v. THAD BROWN, as Tax Collector, etc., Defendant and Appellant.

Supreme Court of California.

March 6, 1995.

Attorney(s) appearing for the Case

COUNSEL

Louise H. Renne, City Attorney, Burk E. Delventhal and Thomas J. Owen, Deputy City Attorneys, for Defendant and Appellant.

Jonathan M. Coupal, Trevor A. Grimm, Ronald A. Zumbrun, Anthony T. Caso, Alan W. Foutz, William M. Pfeiffer, Judith K. Herzberg, Spencer R. Kaitz, Jeffrey Sinsheimer, Nielsen, Merksamer, Parrinello, Mueller & Naylor, John E. Mueller and Eric J. Miethke as Amici Curiae on behalf of Defendant and Appellant.

Sal C. Balistreri and Michael Mendelson for Plaintiffs and Respondents.

James P. Botz, County Counsel (Sonoma), Lloyd M. Harmon, Jr., County Counsel (San Diego), Jeffrey L. Kuhn, County Counsel (Madera), Dwight L. Herr, County Counsel (Santa Cruz) and Sally Grant Disco as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

BAXTER, J.

We are asked to decide whether, under a city charter which prohibits referenda on tax ordinances, but which grants to the electorate the power to adopt any legislation that the board of supervisors may enact, the initiative power may be used to prospectively repeal a tax ordinance and to prevent adoption by the board of supervisors of any future ordinance imposing a similar...

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