California Court of Appeal
California Sch. Bd. Assoc. v. State of California, C055700
In a challenge to state legislative action, trial court's grant of injunctive and declaratory relief is affirmed in part and reversed in part where: 1) the Legislature's direction to the Commission on State Mandates to redecide specific test claims decisions that were issued before the amendment of Gov. Code section 17556 (f) violated the separation of powers doctrine; and 2) Gov. Code section 17556 (f) is consistent with article XIII B, section 6 of the California Constitution, to the extent that the amended statute provides that the state need not reimburse local governments for imposing duties that are expressly included in or necessary to implement a ballot measure.
Appellate Information
- Decided 03/09/2009
- Published 03/09/2009
Judges
- NICHOLSON, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Olson, Hagel & Fishburn, Deborah B. Caplan, and N. Eugene Hill, Sacramento, for Plaintiffs and Appellants., Camille Shelton, Sacramento, and Katherine A. Tokarski, for Intervener and Appellant.
- For Appellees:
- Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Senior Assistant Attorney General, Jonathan K. Renner, Steven M. Gevercer, and Ross C. Moody, Deputy Attorneys General, for Defendants and Appellants.