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COLEMAN v. COUNTY OF SANTA CLARA

No. H016980.

75 Cal.Rptr.2d 516 (1998)

64 Cal.App.4th 662

Robert F. COLEMAN, et al. Plaintiffs and Appellants, v. COUNTY OF SANTA CLARA, Defendant and Respondent. SANTA CLARA COUNTY TAXPAYER'S ASSOCIATION, Plaintiff and Appellant, v. COUNTY OF SANTA CLARA, Defendant and Respondent. LIBERTARIAN PARTY OF SANTA CLARA COUNTY, Plaintiff and Appellant, v. COUNTY OF SANTA CLARA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

As Modified June 19, 1998.

Review Denied August 26, 1998.

Attorney(s) appearing for the Case

Robert W. Rychlik, Cupertino, for Plaintiffs/ Appellants.

Steven M. Woodside, County Counsel, William I. Anderson, Chief Deputy County Counsel, Linda A. Deacon, Deputy County Counsel In Association with John H. Kanberg, Mary A. Collins, Malcolm Carson, Orrick, Herrington & Sutcliffe, San Francisco, for Defendant/Respondent.

Joan R. Gallo, City Attorney, George Rios, Assistant City Attorney, Glenn Schwarzbach, Deputy City Attorney, for Amici Curiae on behalf of Defendant and Respondent.

WUNDERLICH, Associate Justice.

I. Introduction

In this case, we uphold the validity of a sales tax increase (Measure B tax) approved by a simple majority of the voters (51.8 percent) in the 1996 general election in Santa Clara County. We conclude that Measure B is a "general" tax and thus not subject to supermajority voter approval requirements applicable to "special" taxes under article XIIIA, section 4, of the California Constitution

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