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NEILSON v. CITY OF CALIFORNIA CITY

No. F046860.

35 Cal.Rptr.3d 453 (2005)

133 Cal.App.4th 1296

N.L. NEILSON, Plaintiff and Appellant, v. CITY OF CALIFORNIA CITY, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 3, 2005.

Attorney(s) appearing for the Case

N.L. Neilson, in pro. per., for Plaintiff and Appellant.

Aaron L. Katz, in pro. per., as Amicus Curiae on behalf of Plaintiff and Appellant.

Lemieux & O'Neill and W. Keith Lemieux, Westlake Village, for Defendant and Respondent.

Colantuono & Levin, Michael G. Colantuono, Los Angeles, and Amy C. Sparrow, for the League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

Jennifer B. Henning for the California State Association of Counties as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

DAWSON, J.

A nonresident landowner challenged a flat-rate parcel tax imposed by a city after the city's registered voters approved the tax by a two-thirds majority. The superior court sustained the city's general demurrer to the landowner's complaint, which alleged the parcel tax violated limitations on the taxation of real property contained in the California Constitution and violated the constitutional guarantee of equal protection.

The...

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