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Tag: Proposition 218

November 12, 2016

Weekly litigation report — November 12, 2016

School choice in Montana Discrimination in government contracting Waters of the United States School choice in Montana We filed this reply brief in Armstrong v. Kadas, our challenge to the Montana Department of Revenue’s attempt to undercut a voter initiative to establish tax credits to be used to help parents send their children to schools ...

November 05, 2016

Weekly litigation report — November 5, 2016 (Guy Fawkes edition)

Regulatory Guidance on wetlands Jurisdictional Determinations West Hollywood shakedown — Property Rights Palo Alto shakedown — Property Rights Florida island taken in the Keys — Property Rights A California tax-limitation up in smoke up in Upland Endangered Species Act — wolves into New Mexico Alchemy — Wetlands and  ...

October 31, 2016

The right to vote on taxes: California Cannabis Coalition v. City of Upland

Today PLF filed an amicus brief in California Cannabis Coalition v. City of Upland.  The case was accepted for review in the California Supreme Court in late June.  Despite its name, the case is not about marijuana.  It is about Californians’ right to vote on taxes.  That right was established through a string of voter-approved referenda ...

May 31, 2016

A new threat to the right to vote on taxes in California

Three times California voters have approved initiatives to limit the ability of local governments to impose new taxes without voter consent.  The California Tax Revolt began in 1978 when voters adopted Proposition 13 to control property tax increases.  On June 6, 1978, the largest turnout of California voters since 1958 resoundingly approved the ...

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 ...

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 ...

March 25, 2010

Water controversy in Santa Clara County

Author:  Damien M. Schiff Today's San Jose Mercury News has this excellent piece recapping an ongoing controversy concerning "groundwater recharge fees" imposed by the Santa Clara Valley Water District on well owners in the District.  The basic controversy is this.  The Water District contends that well owners, by ex ...