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CITY OF FRESNO v. FRESNO BUILDING HEALTHY COMMUNITIES

No. F080264. No. F080265.

58 Cal.App.5th 884 (2020)

CITY OF FRESNO, Plaintiff and Respondent, v. FRESNO BUILDING HEALTHY COMMUNITIES, Defendant and Appellant; HOWARD JARVIS TAXPAYER ASSOCIATION, Intervener and Respondent. FRESNO BUILDING HEALTHY COMMUNITIES, Plaintiff and Appellant, v. CITY OF FRESNO, Defendant and Respondent; HOWARD JARVIS TAXPAYER ASSOCIATION, Intervener and Respondent.

Court of Appeals of California, Fifth District.

December 17, 2020.

Attorney(s) appearing for the Case

Olson Remcho, Thomas A. Willis , Karen Getman and Benjamin N. Gevercer for Defendant and Appellant in No. F080264 and for Plaintiff and Appellant in No. F080265.

No appearance for Plaintiff and Respondent in No. F080264 and for Defendant and Respondent in No. F080265.

Jonathan M. Coupal , Timothy A. Bittle and Laura E. Dougherty for Intervener and Respondent.

Eversheds Sutherland (US), Timothy A. Gustafson , Eric J. Coffill and Alexandra Louderback for Council for State Taxation as Amicus Curiae on behalf of Intervener and Respondent.

OPINION

In the November 2018 general election, 52.17 percent of Fresno voters voted for Measure P, a voter initiative measure entitled the "Fresno Clean and Safe Neighborhood Parks Tax Ordinance."1 The City of Fresno (the City) filed a complaint for declaratory relief to establish whether...

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