RUSSELL CITY ENERGY CO., LLC v. CITY OF HAYWARD

No. A144749.

14 Cal.App.5th 54 (2017)

RUSSELL CITY ENERGY COMPANY, LLC, Plaintiff and Appellant, v. CITY OF HAYWARD, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

August 7, 2017.


Attorney(s) appearing for the Case

Winston & Strawn, Robb C. Adkins , Charles J. Moll III , Krista M. Enns and Benjamin J. Kimberley for Plaintiff and Appellant.

Michael S. Lawson , City Attorney; Jarvis, Fay, Doporto & Gibson, Benjamin P. Fay and Gabriel J. McWhirter for Defendant and Respondent.


OPINION

The "Payments Clause" of an agreement between Russell City Energy Company, LLC (Russell), and the City of Hayward (City) prohibited the City from imposing any taxes on the "development, construction, ownership and operation" of Russell's power plant except taxes...

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