Articles

Well, that was fast!

December 22, 2016 | By DAMIEN SCHIFF

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 ...

Articles

San Ramon briefing complete

December 19, 2016 | By DAMIEN SCHIFF

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 ...

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, & ...

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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 ...

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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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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 … ...

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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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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

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 … ...