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WUNDERLICH v. COUNTY OF SANTA CRUZ

No. H032375.

178 Cal.App.4th 680 (2009)

KENNETH WUNDERLICH et al., Plaintiffs and Respondents, v. COUNTY OF SANTA CRUZ et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

October 23, 2009.

Attorney(s) appearing for the Case

Dana McRae, County Counsel, and Dwight L. Herr, Special Counsel, for Defendants and Appellants.

Edmund G. Brown, Jr., Attorney General, and Paul D. Gifford, Assistant Attorney General, for California State Board of Equalization as Amicus Curiae on behalf of Defendants and Appellants.

Beck & Mathiesen and David R. Beck for Plaintiffs and Respondents.

Trevor A. Grimm, Jonathan M. Coupal and Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

Susan D. Blake for State Board of Equalization Members Bill Leonard and Michelle Steel as Amicus Curiae on behalf on Plaintiffs and Respondents.

Letwak & Bennett and Stephen H. Bennett as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

McADAMS, J.—

In this case of first impression, we are called upon to interpret Proposition 60, voter-enacted constitutional tax relief implemented through legislation. (Cal. Const., art. XIII A, § 2, subd. (a); Rev. & Tax. Code, § 69.5.) Proposition 60 allows qualified homeowners to transfer the property tax basis of their principal residence to a replacement...

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