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CITY OF SAN JOSE v. STATE OF CALIFORNIA

Docket No. H014099.

45 Cal.App.4th 1802 (1996)

CITY OF SAN JOSE, Plaintiff and Respondent, v. THE STATE OF CALIFORNIA, Defendant and Appellant; KATHLEEN CONNELL, as Controller, etc., et al., Real Parties in Interest and Appellants.

Court of Appeals of California, Sixth District.

June 3, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Floyd D. Shimomura, Assistant Attorney General, Linda A. Cabatic and Keith Yamanaka, Deputy Attorneys General, Gary D. Hori and Paula A. Higashi for Defendant and Appellant and for Real Parties in Interest and Appellants.

Joan R. Gallo, City Attorney, George Rios, Assistant City Attorney, David J. Stock and Joseph DiCiuccio, Deputy City Attorneys, for Plaintiff and Respondent.

Burke, Williams & Sorensen, J. Robert Flandrick, Deanna L. Ballesteros and Timothy L. Davis as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BAMATTRE-MANOUKIAN, J.

In 1979 the voters of the State of California (State) adopted an initiative which added article XIII B to the state Constitution. This followed in the wake of Proposition 13, which had added article XIII A the previous year. Section 6 of article XIII B imposed limits on the State's authority to mandate new programs or increased services on local governmental...

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