[DOWNLOAD] "Santa Clara County Local Transportation Authority V. Guardino" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: Santa Clara County Local Transportation Authority V. Guardino
- Author : Supreme Court Of California
- Release Date : January 28, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 122 KB
Description
A local agency proposed a sales tax to fund certain transportation projects, and the tax was approved by a majority but less than two-thirds of the electors voting on it. The agency filed this original proceeding in the Court of Appeal for a writ of mandate to validate the tax, contending the tax does not violate either (1) the requirement of a two-thirds voter approval imposed by Government Code section 53722, a provision of Proposition 62, a statutory initiative adopted at the 1986 General Election, or (2) the requirement of a two-thirds voter approval imposed by section 4 of article XIII A of the California Constitution, a provision of Proposition 13, a constitutional initiative adopted at the 1978 Primary Election. In a divided opinion the Court of Appeal held the tax invalid under Proposition 13 and denied the writ. As will appear, we conclude that the tax is invalid under Proposition 62 and that the judgment of the Court of Appeal denying the writ should be affirmed on that ground.