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REGENTS OF UNIVERSITY v. EAST BAY MUD

No. A105674.

31 Cal.Rptr.3d 278 (2005)

130 Cal.App.4th 1361

The REGENTS OF the UNIVERSITY OF CALIFORNIA, Plaintiff, Appellant, and Cross-Respondent, v. EAST BAY MUNICIPAL UTILITY DISTRICT, Defendant, Respondent, and Cross-Appellant.

Court of Appeals of California, First District, Division Five.

July 6, 2005.

Attorney(s) appearing for the Case

James E. Holst, Oakland, Stephen P. Morrell, Thelen Reid & Priest LLP, Anthony J. Barron, Counsel for plaintiff, appellant and cross-respondent.

Lagerlof, Senecal, Bradley, Gosney & Kruse, LLP, Thomas S. Bunn III, Woodruff, Spradlin & Smart, P.C., Thomas L. Woodruff, Orange, Amicus Curiae on behalf of respondent and cross-appellant.

Robert C. Helwick, Craig S. Spencer, Oakland, Joel Fried, Fox & Sohagi, Margaret Moore Sohagi, Philip A. Seymour, Los Angeles, Counsel for defendant, respondent, and cross-appellant.

GEMELLO, J.

In San Marcos Water Dist. v. San Marcos Unified School Dist. (1986) 42 Cal.3d 154, 228 Cal.Rptr. 47, 720 P.2d 935 (San Marcos), the Supreme Court held that the constitutional public entity exemption from special assessments prohibited a local water district from imposing a capacity fee used to fund capital improvements to the...

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