Opinion

San Marcos Water District v. San Marcos Unified School District

  • 42 Cal. 3d 154
  • 228 Cal. Rptr. 47
  • 720 P.2d 935
  • 33 Educ. L. Rep. 569
  • 1986 Cal. LEXIS 200
Court
California Supreme Court
Filed
Jul 21, 1986
Status
Published
Author
Grodin
On the bench
Grodin, Lucas
Cited by
56 cases

ad valorem taxes fund general expenditures such as fire and police protection, fire stations, police stations, and public buildings, whereas special assessments fund local improvements directly benefiting particular real property, such as street improvements, street lighting, irrigation, sewer connection, drainage, and flood control

How later courts described this case

  • ad valorem taxes fund general expenditures such as fire and police protection, fire stations, police stations, and public buildings, whereas special assessments fund local improvements directly benefiting particular real property, such as street improvements, street lighting, irrigation, sewer connection, drainage, and flood control
  • such sewer fee was a special assessment
  • such sewer fee was a szecial a&essment

Written by the judges who cited it.

The opinion

GRODIN, J., Concurring.

It is not entirely clear to me—nor was it to the Court of Appeal—why a fee which is based upon an estimate of prospective use is a “special assessment” rather than a “user fee” because its purpose is to fund capital improvement. I agree with the majority, however, that we should defer to the now well-established precedent to that effect *169 and invite the Legislature, if it sees fit, to establish a different rule. On that basis, I concur.

Bird, C. J., concurred.

Respondent’s petition for a rehearing was denied August 28, 1986.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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