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WEISBLAT v. CITY OF SAN DIEGO

No. D052787.

176 Cal.App.4th 1022 (2009)

SIDNEY WEISBLAT et al., Plaintiffs and Appellants, v. CITY OF SAN DIEGO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

August 18, 2009.

Attorney(s) appearing for the Case

Edward M. Teyssier for Plaintiffs and Appellants.

Van Susteren Law Group and Adam Van Susteren for Tax Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Michael J. Aguirre, City Attorney, Joe Cordileone and Bonny Hsu, Deputy City Attorneys, for Defendant and Respondent.

OPINION

NARES, Acting P. J.—

INTRODUCTION

The principal issue we must decide is whether a 2004 levy imposed by the City of San Diego (the City), without a vote of the electorate, for the primary purpose of recovering the cost of collecting and administering a general tax called the "Rental Unit Business Tax," is a fee or rather a void general or special tax that should...

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