California Court of Appeal

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San Diegans for Open Government v. City of San Diego, 067127

In a reverse validation action alleging that a lease-back financing plan the city-defendant adopted to fund public infrastructure improvements violates state and local requirement that municipal indebtedness exceeding annual income and revenue be approved by a two-thirds vote of the electorate, Cal. Const. art. XVI section 18(a), the trial court's entry of summary judgment against plaintiffs is affirmed where the debt limitation provisions are inapplicable under Rider v. City of San Diego (1998) 18 Cal.4th 1035, because the bonds will not be issued by the city but by a separate public entity formed under a joint powers agreement.

Appellate Information

  • Decided
  • Published 2015/11/20

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel