RIDER v. CITY OF SAN DIEGO

No. S058956.

77 Cal.Rptr.2d 189 (1998)

959 P.2d 347

18 Cal.4th 1035

Richard RIDER et al. Plaintiffs and Appellants, v. CITY OF SAN DIEGO et al., Defendants and Respondents.

Supreme Court of California.

August 6, 1998.


Attorney(s) appearing for the Case

Carl Fabian, San Diego, Eric Norby and Lewis A. Wenzell for Plaintiffs and Appellants.

John W. Witt and Casey G. Gwinn, City Attorneys, Leslie J. Girard and Deborah L. Berger, Deputy City Attorneys, Luce, Forward, Hamilton & Scripps, Charles A. Bird, Thomas A. May, San Diego, Seltzer, Caplan, Wilkins & McMahon, Julia P. Dubick and Virginia C. Pearson, San Diego, for Defendants and Respondents.

O'Melveny & Myers, Richard M. Jones, Brian S. Currey, Kenneth R. O'Rourke, Los Angeles, Orrick, Herrington & Sutcliffe, Paul A. Webber, Robert E. Freitas, Los Angeles, and W. Douglas Kari as Amici Curiae on behalf of Defendants and Respondents.


CHIN, Justice.

In this case, we consider the validity of a financing plan under which a joint powers agency will issue bonds, use the bond proceeds to construct a capital improvement, and lease that improvement to a city. We conclude that the voter approval requirements that would apply if the city issued the bonds do not, by their terms, apply to the debts of a joint powers agency, and the city's obligation to make rent payments to the joint powers agency does not...

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