[DOWNLOAD] "Building Industry Association of Southern California v. City of Oxnard" by Supreme Court Of California " eBook PDF Kindle ePub Free

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eBook details

• Title: Building Industry Association of Southern California v. City of Oxnard
• Author : Supreme Court Of California
• Release Date : January 07, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

[40 Cal3d Page 2] In June 1981, the City Council of Oxnard enacted a series of three ordinances requiring all persons who wish to construct new development in the city to pay (1) a water system connection fee, (2) a waste water connection fee, and (3) a Growth Requirements Capital Fee. The following month, on the day the ordinances went into effect, plaintiff Building [40 Cal3d Page 3] Industry Association of Southern California -- a nonprofit organization representing business entities in the construction and development industry -- filed the present action, seeking a permanent injunction against the enforcement of the three ordinances and a declaration that each ordinance was invalid as imposing an unauthorized tax rather than a permissible fee. Both parties moved for summary judgment. After considering the motions and accompanying affidavits, the trial court ruled in favor of the city, concluding that all three of the challenged fees were imposed to pay for the cost of financing new capital improvements to serve the new facilities and population anticipated through development and constituted a reasonable exercise of the police power. Plaintiff appealed, but challenged only that portion of the judgment upholding the validity of the Growth Requirements Capital Fee.

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