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HOWARD JARVIS TAXPAYERS v. CITY OF FRESNO

No. F044561.

26 Cal.Rptr.3d 153 (2005)

127 Cal.App.4th 914

HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Plaintiffs and Respondents, v. CITY OF FRESNO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing April 19, 2005.

Review Denied June 15, 2005.

Attorney(s) appearing for the Case

Hilda Cantu Montoy, City Counsel, James C. Sanchez, Deputy City Counsel; Colantuono, Levin & Rozell, Michael G. Colantuono and Sandra J. Levin, Los Angeles, for Defendant and Appellant.

Best Best & Krieger, Sonia R. Carvalho, Sandra M. Schwarzmann, Irvine, and Marc S. Ehrlich for League of California Cities as Amicus Curiae on behalf of Defendant and Appellant.

Trevor A. Grimm, Los Angeles, Jonathan M. Coupal, Sacramento, and Timothy A. Bittle, for Plaintiffs and Respondents.

OPINION

VARTABEDIAN, J.

This is an appeal from judgment for plaintiffs and respondents Howard Jarvis Taxpayers Association and others (collectively plaintiffs), entered on the parties' cross-motions for summary judgment. Appellant City of Fresno (Fresno) contends on appeal that its assessment of a fee in lieu of property taxes upon its own utility departments is unaffected by Proposition 218, the Right to Vote on Taxes Act, approved by the voters in 1996...

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