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Modification: Howard Jarvis Taxpayers Assn. v. City and County of San Francisco

Ruling by

Mark B. Simons

Lower Court

San Francisco County Superior Court

Lower Court Judge

Ethan P. Schulman

Proposition 13 did not compel a two-thirds supermajority vote to approve voter initiatives.





Court

California Courts of Appeal 1DCA/5

Cite as

2021 DJDAR 1754

Published

Feb. 24, 2021

Filing Date

Feb. 22, 2021

Opinion Type

Modification

Disposition Type

Affirmed


HOWARD JARVIS TAXPAYERS ASSOCIATION, et al.,

Plaintiffs and Appellants,

v.

CITY AND COUNTY OF SAN FRANCISCO,

Defendant and Respondent.

 

No. A157983

(San Francisco County Super. Ct. No. CGC-18-568657)

California Courts of Appeal

First Appellate District

Division Five

Filed February 22, 2021

 

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

 

BY THE COURT:

 

It is ordered that the opinion filed January 27, 2021 be modified as follows:

On page 19, in the paragraph that begins the page, replace the sentence, "But Howard Jarvis does not contend that a single official's sponsorship of or involvement in an initiative gives rise to the inference that a city or county intentionally circumvented Propositions 13 and 218, or demonstrates that the official effectively controlled the initiative." with "But we fail to see how the sponsorship and involvement of the single official here gives rise to the inference that the City intentionally circumvented Propositions 13 and 218 or effectively controlled the initiative."

There is no change in the judgment.

Appellants' petition for rehearing is denied.

 

 

SIMONS, J, Acting P.J.

#276879

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