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Tag: Mello-Roos Act

December 22, 2016

Well, that was fast!

Yesterday, the California Supreme Court denied without opinion our petition for review in Building Industry Association — Bay Area v. City of San Ramon (a mere two days after we filed our reply brief!). The case challenged San Ramon’s new Mello-Roos special tax and levying ordinance under the Act as well as the federal and state const ...

December 19, 2016

San Ramon briefing complete

Today we filed our reply brief on the petition for review in our challenge to a special tax levied by the City of San Ramon’s community facilities district. Our petition asks the California Supreme Court to review the court of appeal’s first-impression interpretation of the Mello-Roos Act’s limitation on municipal services financi ...

November 18, 2016

Special taxes and California's housing crisis

Yesterday, we filed our petition for review in Building Industry Association – Bay Area v. City of San Ramon, a challenge to a landowner-vote-approved tax pursuant to the Mello-Roos Act. Under the Act, taxes that are approved by a community facilities district created by landowner vote, and that will be used to pay for municipal services, ...

October 13, 2016

Loss in San Ramon tax case

This afternoon we received the disappointing news that the California court of appeal has upheld the City of San Ramon’s “special” tax on new development within its territory. Our lawsuit, Building Industry Association — Bay Area v. City of San Ramon, challenged the tax on several grounds. First, the tax violates the statut ...

March 21, 2016

Briefing is (really) complete in local tax challenge

Last month I noted that briefing was complete in PLF’s challenge, brought on behalf of the Building Industry Association — Bay Area, to a tax measure recently enacted by the Bay Area town of San Ramon.  I spoke too soon.  Subsequently, the California League of Cities filed an amicus brief in support of the City’s ...

February 04, 2016

Briefing complete in local tax challenge

With the filing of our reply brief on appeal, briefing has been completed in Building Industry Association – Bay Area v. City of San Ramon.  The appeal concerns the legality of a tax levied by the City of San Ramon on new development.  We contend that the tax violates a number of constitutional and statutory protections ...

November 10, 2015

Challenging local government taxing schemes

Yesterday we filed our opening brief on appeal in Building Industry Association — Bay Area v. San Ramon.  The case, pending in the California court of appeal in San Francisco, concerns a challenge to a property tax levied by a City of San Ramon community facilities district.  Our appeal contends that the tax is illegal, for ...

April 24, 2015

President's weekly report — April 24, 2015

Tort reform in Washington State — the virtues of at-will employment We filed this amicus brief in Rickman v. Premera Blue Cross in the Washington Supreme Court. While working for Premera, Ericka Rickman was fired for nepotism, because she allegedly favored her son in compensation and other matters in violation of company policy.  Before she ...

March 04, 2015

PLF goes to court tomorrow to challenge illegal tax on homeowners

Tomorrow morning I will be arguing in Contra Costa Superior Court against an illegal tax levied against new homeowners by the City of San Ramon, California. San Ramon used California's Mello-Roos Act, the purpose of which is to fund new public facilities and new public services, to impose a parcel tax of more than $500 ...

October 09, 2014

Briefing begun in challenge to Mello-Roos district tax

This week, we filed our opening summary judgment brief in Building Industry Association — Bay Area v. City of San Ramon.  We are challenging the City’s levying of a tax on potentially all new development in the City.  We contend that the tax violates the Mello-Roos Act’s limitations on landowner-approved taxes, as well as the ...

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