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Tag: Prop 218

July 07, 2017

Courts should look to voters’ intent when interpreting constitutional limitations on taxation

Yesterday, Pacific Legal Foundation, along with the Howard Jarvis Taxpayers Association and the Green Valley Hospital, filed an amicus brief in support of a group of Arizona legislators who are challenging the imposition of a hospital tax to pay for state Medicaid expansion. The charge at issue, which was passed by a simple majority of ...

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 ...

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 ...

August 07, 2014

Special taxes and voter approval

This week, the California Court of Appeal, in City of San Diego v. Shapiro, overturned a special tax approved by the City of San Diego to help finance a potential expansion of the San Diego Convention Center.  The tax was approved not by the City’s electorate but rather by the owner and lessees of land ...