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MONTGOMERY WARD & CO. v. COUNTY OF SANTA CLARA

Docket No. H014264.

47 Cal.App.4th 1122 (1996)

MONTGOMERY WARD & CO., INC., Plaintiff and Appellant, v. COUNTY OF SANTA CLARA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

July 26, 1996.

Attorney(s) appearing for the Case

COUNSEL

Stephens, Berg & Lasater, Mark G. Ancel and C. Stephen Davis for Plaintiff and Appellant.

Steven M. Woodside, County Counsel, and James J. Rees, Deputy County Counsel, for Defendant and Respondent.

OPINION

COTTLE, P.J.

In this appeal, we are asked to determine whether a county may levy escape assessments more than four years after July 1 of the year in which a change of ownership occurs. We hold that it may. Accordingly, we affirm the trial court's ruling denying the plaintiff's request for a refund of escape assessments paid.

FACTS

The pertinent facts are undisputed. Under Proposition 13 (Cal. Const., art...

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