AB CELLULAR LA, LLC v. CITY OF LOS ANGELES

No. B185373.

59 Cal.Rptr.3d 295 (2007)

150 Cal.App.4th 747

AB CELLULAR LA, LLC, et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Appellant.

Court of Appeal of California, Second District, Division Two.

May 9, 2007.


Attorney(s) appearing for the Case

Munger, Tolles & Olson, Stuart N. Senator, Los Angeles, and Michelle Friedland, San Francisco, for Plaintiffs and Appellants.

Colantuono & Levin, Michael G. Colantuono, Sandra J. Levin, Los Angeles, Lawrence G. Permaul, Monterey Park, and Amy C. Sparrow for Defendant and Appellant.

Jarvis, Fay & Doporto and Benjamin P. Fay, Oakland, for League of California Cities as Amicus Curiae on behalf of Defendant and Appellant.


ASHMANN-GERST, J.

The power to tax is the power to oppress, and people have rebelled against that power ever since taxes have been imposed. The California voters are no different, and in November 1996, they passed Proposition 218, known as the "Right to Vote on Taxes Act." They demanded, and received, the right to approve any increase of a local tax before it goes into effect.

At issue in this case is the right...

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