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FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT v. EMERICH

No. H031120.

69 Cal.Rptr.3d 678 (2007)

158 Cal.App.4th 11

FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, Plaintiff, Cross-Defendant and Respondent, v. Melvin L. EMERICH et al., Defendants, Cross-Complainants and Appellants.

Court of Appeal of California, Sixth District.

December 19, 2007.

Attorney(s) appearing for the Case

Stradling Yocca Carlson & Rauth, Sean B. Absher, Joseph E. Pelochino, San Francisco, for Plaintiff/Cross-Defendant and Respondent Foothill-De Anza Community College District.

Gary B. Wesley, Aaron L. Katz, for Defendants/Cross-Complainants and Appellants Melvin L. Emerich, Aaron L. Katz.

PREMO, J.

I. Introduction

If a local public entity desires to issue a bond to be repaid by taxes on real property it must generally obtain approval of two-thirds of its voters. (Cal. Const. art. XIIIA, § 1, subd. (b)(2).)1 Proposition 39 reduced the approval requirement to 55 percent for bonds issued by school districts, community college districts, and county offices of education to pay for certain types of projects. The...

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