California Court of Appeal

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Beutz v. County of Riverside, E046318

In a residential property owner's suit against a county to void a landscape assessment on the ground that it violated article XIII D of the California Constitution, judgment in favor of the county is reversed as, although the county properly based the assessment on the larger public improvement project of which the landscaping costs were a part, namely, a master plan to acquire and develop the parks and parks facilities, rather than on the landscape portion of the plan, the county failed to meet its constitutional burden of demonstrating that the assessment was proportional to, and did not exceed, the value of the special benefits that the use and enjoyment of the parks would confer on assessed parcels.

Appellate Information

  • Decided 05/26/2010
  • Published 05/26/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Steven Beutz, in pro. per.; Gangloff, Gangloff & Pool and Robert A. Pool for Plaintiff and Appellant.

  • For Appellees:
  • Colantuono & Levin, Michael G. Colantuono, Sandra J. Levin, and Erwin M. Benedicto for Defendant and Respondent.
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