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SHAW v. PEOPLE EX REL. CHIANG

No. C058479.

175 Cal.App.4th 577 (2009)

JOSH SHAW et al., Plaintiffs and Appellants, v. THE PEOPLE ex rel. JOHN CHIANG, as Controller, etc., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

June 30, 2009.

Attorney(s) appearing for the Case

Nielsen, Merksamer, Parrinello, Mueller & Naylor, Richard D. Martland, Kurt Oneto, James R. Parrinello and Chris Skinnell for Plaintiffs and Appellants.

Richard A. Marcantonio and Guillermo Mayer for Transform, California Public Interest Research Group, Urban Habitat, Planning and Conservation League, California Rural Legal Assistance, Inc., Legal Services of Northern California and Los Angeles Bus Riders Union as Amici Curiae on behalf of Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Constance L. Lelouis and Daniel J. Powell, Deputy Attorneys General, for Defendants and Appellants.

OPINION

CANTIL-SAKAUYE, J. —

This case considers the effect on the state budgetary process of a bond initiative measure (Prop. 116) almost two decades after it was approved by voters. Specifically, we consider the legality of the Legislature's creation of the Mass Transportation Fund, the legality of the Legislature's transfer of a portion of spillover gas tax revenue to the Mass Transportation Fund and the Legislature's appropriation...

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