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City of San Buenaventura v. United Water Conserv. Dist.

Fees charged to city by water district are not 'property-related' under XIII D of the California Constitution.



Cite as

2015 DJDAR 4171

Published

Apr. 15, 2015

Filing Date

Apr. 14, 2015


CITY OF SAN BUENAVENTURA,

CITY OF SAN BUENAVENTURA,

Plaintiff, Cross-defendant and Appellant,

v.

UNITED WATER CONSERVATION DISTRICT et al.,

Defendants, Cross-complainants and Appellants.

 

2d Civil No. B251810

(Super. Ct. Nos. VENCI 00401714,

VENCI 1414739)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed April 15, 2015

 

 

ORDER MODIFYING OPINION

AND DENYING REHEARING

 

[NO CHANGE IN JUDGMENT]

 

 

THE COURT:

 

     It is ordered the opinion filed on March 17, 2015, be modified as follows:

     On page 6, in the last line of the first paragraph, the word "generally" is inserted before "prohibited by Proposition 13 altogether."

     On page 8, in the last two lines of the second full paragraph, the word "two‑thirds" is inserted before "majority of voters" and "subd. (b)" is replaced with "subd. (d)".

     On page 26, in the fourth sentence of the last paragraph beginning with "Large-scale users such as the City receive a far greater benefit from individual landowners" the word "from" is replaced with "than".

     [There is no change in the judgment.]

     The City's petition for rehearing is denied.

#267562

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