California Court of Appeal

Shaw v. People ex rel John Chiang, C058479

In an action related to California's state budgetary process, trial court judgment is affirmed in part and reversed in part where: 1) the Legislature's amendment of Revenue and Taxation Code sec. 7102 is invalid and thus most of the Legislatures appropriations of Public Transportation Account spillover gas tax revenue for the 2007-08 budget year are invalid because they do not serve a transportation planning or mass transportation purpose; and 2) the court properly rejected the Legislature's transfer of $409 million from the Public Transportation Account to the General Fund for past debt service payments on Proposition 108 bonds as not being consistent with the purposes of the Public Transportation Account.

Appellate Information

• Decided 06/30/2009
• Published 06/30/2009

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nielsen, Merksamer, Parrinello, Mueller & Naylor, Richard D. Martland, Kurt Oneto, James R. Parrinello, Sacramento, Chris Skinnell, for Plaintiffs and Appellants., Richard A. Marcantonio, San Rafael, and Guillermo Mayer, for Public Advocates as Amicus Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Senior Assistant Attorney General, Constance L. Lelouis, Supervising Deputy Attorney General, Daniel J. Powell, Deputy Attorney General, for Defendants and Appellants.