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CITY OF COSTA MESA v. CONNELL

No. G023734.

87 Cal.Rptr.2d 612 (1999)

74 Cal.App.4th 188

CITY OF COSTA MESA et al., Plaintiffs and Appellants, v. Kathleen CONNELL, as Controller, etc., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

August 12, 1999.

Attorney(s) appearing for the Case

Thomas A. Kathe, Costa Mesa, City Attorney; Fulbright & Jaworski, Thomas A. Freiberg, Jr., and Todd M. Sorrell, Los Angeles, for Plaintiffs and Appellants.

Daniel E. Lungren, Attorney General, Linda A. Cabatic, Senior Assistant Attorney General, Paul H. Dobson, Supervising Deputy Attorney General, and Keith Yamanaka, Deputy Attorney General, for Defendants and Respondents.

OPINION

SEYMOUR, J.*

In this case of first impression, we conclude an elaborate bond-and-lease plan for funding a street widening project violates article XIX of the California Constitution.1 The trial court correctly concluded the City of Costa Mesa (the City) was misspending restricted-use state gas tax funds to pay rent on two golf courses.

In reaching our decision, we reject the City's...

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