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WATSON COGENERATION CO. v. COUNTY OF LOS ANGELES

No. B147752.

120 Cal.Rptr.2d 421 (2002)

98 Cal.App.4th 1066

WATSON COGENERATION COMPANY, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

June 5, 2002.

Attorney(s) appearing for the Case

Morrison & Foerster, Thomas H. Steele, Peter B. Kanter, San Francisco, and Pilar M. Sansone for Plaintiff and Appellant.

Rodi, Pollock, Pettker, Galbraith & Cahill, C. Stephen Davis and Cris K. O'Neall, Los Angeles, for Independent Energy Producers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Lloyd W. Pellman, County Counsel and Albert Ramseyer, Principal Deputy County Counsel for Defendant and Respondent.

EPSTEIN, Acting P.J.

In this case, we conclude it was proper for the Los Angeles County Assessor to consider the actual income stream resulting from an above-market price, government-facilitated power purchase agreement in the property tax valuation of an independent power plant developed and operating under that agreement. For this reason, we affirm the judgment in favor of the County of Los Angeles (County).

FACTUAL AND PROCEDURAL SUMMARY

Appellant...

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