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California Court of Appeal


City of Santa Maria v. Cohen, 081190

In a mandamus action brought by a City against its Department of Finance to challenge the Department's determination that, under Health and Safety Code section 34183(a)(2)(B), certain funds could not be used by the City for bond payments, the trial court's ruling that the city as successor is entitled to use the fund to make the bond payments under section 34183(a)(2)(C) only to the extent certain parking lot lease payments are insufficient, is reversed where: 1) the City is not entitled to use the fund to make the bond payments under section 34183(a)(2)(B); and 2) section 34183(a)(2)(C) of the statute does not apply to payments scheduled to be made on revenue bonds, and the trial court erred in concluding otherwise.

Appellate Information

  • Published 2017/04/25

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel

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