California Court of Appeal

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City of San Diego v. Shapiro, D063997

An election held by plaintiff-city to authorize the levying of a special tax was invalid under the California Constitution, where: 1) plaintiff-city did not permit the City's registered voters to vote on the special tax, but instead, passed an ordinance that specifically defined the electorate to consist solely of the owners of real property in the City on which a hotel is located, and the lessees of real property owned by a governmental entity on which a hotel is located; 2) such landowners and lessees are neither "qualified electors" of the City, nor do they comprise a proper "electorate" under the California Constitution; and 3) the election was invalid under the San Diego City Charter because City Charter section 76.1 requires the approval of two-thirds of the "qualified electors" voting in an election on a special tax, and section 6 of the City Charter defines "qualified electors" as those persons who are registered to vote in general state elections under state law.

Appellate Information

  • Decided 08/01/2014
  • Published 08/01/2014

Judges

  • AARON

Court

  • California Court of Appeal

Counsel