California Court of Appeal

Trial court order rejecting plaintiff's challenge to the creation of a special assessment district is affirmed where: 1) the notice for the hearing on the proposed assessment to the affected property owners was not premature and did not violate the notice provision of Cal. Const. art. XIII D; 2) the amount assessed on the parcel does not exceed the reasonable cost of the proportional special benefit conferred in violation of constitutional requirements; and 3) the court properly rejected defendant's argument that the creation of the special assessment district violated Cal. Const. art. XIII D because the city failed to separate general benefits from special benefits, as the argument is based on a misunderstanding of the relevant constitutional requirements.

Appellate Information

• Decided 05/12/2009
• Published 05/12/2009

Judges

Court

• California Court of Appeal

Counsel