Articles

New PLF lawsuit challenges illegal local tax

March 28, 2014 | By DAMIEN SCHIFF

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 o ...

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Briefing begun in challenge to Mello-Roos district tax

October 09, 2014 | By DAMIEN SCHIFF

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 & ...

Articles

PLF goes to court tomorrow to challenge illegal tax on homeowners

March 04, 2015 | By TONY FRANCOIS

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 … ...

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President's weekly report — April 24, 2015

April 24, 2015 | By ROB RIVETT

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 ...

Articles

Challenging local government taxing schemes

November 10, 2015 | By DAMIEN SCHIFF

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 … ...

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Briefing complete in local tax challenge

February 04, 2016 | By DAMIEN SCHIFF

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 … ...

Articles

Briefing is (really) complete in local tax challenge

March 21, 2016 | By DAMIEN SCHIFF

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 … ...

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Loss in San Ramon tax case

October 13, 2016 | By DAMIEN SCHIFF

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 ...

Articles

Special taxes and California's housing crisis

November 18, 2016 | By DAMIEN SCHIFF

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, & ...