California Court of Appeal

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Town of Tiburon v. Bonander, A119918

In plaintiff-property owners' suit against a town challenging its supplemental assessment to place overhead utility lines underground, trial court's judgment in favor of the town is reversed as the supplemental assessment fails to satisfy the proportionality requirement imposed by article XIII D of the California Constitution which mandates that no assessment shall exceed the reasonable cost of the proportional special benefit conferred on a parcel.

Appellate Information

  • Decided 12/31/2009
  • Published 12/31/2009

Judges

  • McGUINESS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Frank Mulberg, Mill Valley, and Brett D. Mulberg, for Defendants, Cross-Complainants, and Appellants., McDonough Holland & Allen PC, Thomas R. Curry and Andrea S. Visveshwara, Oakland; Ann R. Danforth, Town Attorney, Tiburon, for Plaintiffs, Cross-Defendants and Respondents.
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