SECURITY TRUCK LINE v. CITY OF MONTEREY

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District Court of Appeal, First District, Division 1, California.

SECURITY TRUCK LINE v. CITY OF MONTEREY et al.

Civ. Nos. 15230, 15367 and 15704.

Decided: May 28, 1953

Rankin, Oneal, Luckhardt, Center & Hall, San Jose, for appellants, City of Monterey and others. Russell Zaches, Monterey, for respondent Security Truck Line.

In denying this petition for rehearing we reiterate that the reason why we have held that the challenged portion of the statute is invalid is that it is unconstitutionally discriminatory, in that the classification contained therein is not based on any valid or constitutional distinction, and is arbitrary. What is said in the opinion as to the ‘fairness' of the tax or as to ‘public policy’ relates only to the constitutional question of the reasonableness of the classification. While a city has wide discretion in making classifications for tax purposes, Fox etc. Corp. v. City of Bakersfield, 36 Cal.2d 136, 222 P.2d 879, a tax for revenue purposes cannot be upheld where the classification is unreasonable and is not based upon natural, intrinsic or fundamental distinctions. In such event, the tax violates constitutional limitations. This, in our opinion, is such a tax.

The petition for a rehearing is denied.

PETERS, Presiding Judge.