March 28, 2014

New PLF lawsuit challenges illegal local tax

By Damien M. Schiff Senior Attorney

On Tuesday, Pacific Legal Foundation filed suit, on behalf of the Building Industry Association – Bay Area, to challenge the City of San Ramon’s new community facilities district tax.  The lawsuit argues that the tax, which will be paid by new City residents to pay for existing standard municipal services, violates several provisions of California statutory and constitutional law.  For example, the state law authorizing the creation of such districts requires that a special tax be approved by the registered voters of the territory unless the tax will be used to pay for services and facilities over and above what the local government is already providing.  In San Ramon, however, the new special tax will be used to pay for existing services.

What to read next