NOVATO FIRE PROTECTION DISTRICT v. U.S.

No. 98-15441.

181 F.3d 1135 (1999)

NOVATO FIRE PROTECTION DISTRICT, Plaintiff-Appellant, v. UNITED STATES of America; U.S. Coast Guard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 1999.


Attorney(s) appearing for the Case

Gregory A. Wedner, Bergman & Wedner, Los Angeles, CA; Richard V. Godino, Los Angeles CA; and George J. Silvestri, Jr., Novato, CA, for the appellant.

Mary Beth Uitti, United States Department of Justice, San Francisco, CA; Mark Angelo, Assistant United States Attorney; San Francisco, CA, for the defendants-appellees.

Clark H. Alsop, Best, Best & Krieger, Riverside, CA, for Amicus Curiae California Association of Local Agency Formation Commissions.

Before: WOOD, THOMPSON, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

In this appeal, we must decide whether a detachment action was a legitimate exercise of local government powers, or an unconstitutional attempt to tax the United States. We conclude that the attempted detachment was an attempt to levy a tax on the United States, and therefore violated the Supremacy Clause. Accordingly, we affirm the district court.

I

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