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TESORO LOGISTIC OPERATIONS, LLC v. CITY OF RIALTO

Nos. E069070, E069074, E069100, E069108.

40 Cal.App.5th 798 (2019)

TESORO LOGISTIC OPERATIONS, LLC, Plaintiff and Appellant, v. CITY OF RIALTO, Defendant and Respondent. PHILLIPS 66 COMPANY, Plaintiff and Appellant, v. CITY OF RIALTO, Defendant and Respondent. EQUILON ENTERPRISES LLC, Plaintiff and Appellant, v. CITY OF RIALTO, Defendant and Respondent. SFPP, L.P., Plaintiff and Appellant, v. CITY OF RIALTO, Defendant and Respondent.

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

October 2, 2019.

Attorney(s) appearing for the Case

Nielsen Merksamer Parrinello Gross & Leoni, Christopher E. Skinnell , Kurt R. Oneto and Eric J. Miethke for Plaintiffs and Appellants Tesoro Logistic Operations, LLC, and Phillips 66 Company.

Dakessian Law, Ltd., Mardiros H. Dakessian , Zareh Jaltorossian and Ruben Sislyan for Plaintiff and Appellant Equilon Enterprises, LLC.

Reed Smith, Paul D. Fogel , John Lynn Smith , Peter B. Kanter and Phillip H. Babich for Plaintiff and Appellant SFPP, L.P.

Dorothy Rothrock for California Manufacturers & Technology Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Pillsbury Winthrop Shaw Pittman and Kevin M. Fong for Western States Petroleum Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Heather Wallace for California Chamber of Commerce as Amicus Curiae on behalf of Plaintiffs and Appellants.

Levatolaw and Ronald C. Cohen for California Business Roundtable as Amicus Curiae on behalf of Plaintiffs and Appellants.

Aleshire & Wynder and June S. Ailin for Defendant and Respondent.

Colantuono, Highsmith & Whatley and Holly O. Whatley for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

I. INTRODUCTION

In the November 2014 election, a majority of defendant and respondent, City of Rialto's (the City), voters approved Measure U, a ballot measure which was adopted by the City and which imposed an "`annual business license tax'" of "`up to One Dollar [$1.00] per year for each One (1) cubic...

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