California Court of Appeal

Unfair Fire Tax Comm. v. City of Oakland, A109510

Read Unfair Fire Tax Comm. v. City of Oakland, A109510
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The language of section 19 of Ordinance No. 12556 allowing an aggrieved person to "appeal" to the city council a resolution to establish a fire suppression district does not provide an adequate administrative remedy because it lacks any procedural mechanism for submission, evaluation and resolution of the appeal.

Appellate Information

Decided 02/27/2006
Published 02/27/2006

Judges

SWAGER, J.

Court

California Court of Appeal

Counsel

For Appellant:
Law Office of Paul Kleven, Paul Kleven, Esq., Berkeley, for Plaintiff and Appellant.

For Appellees:
John A. Russo, City Attorney, Barbara J. Parker, Esq., Chief Assistant City Attorney, Mark T. Morodomi, Esq., Deputy City Attorney, for Defendant and Respondent.