Opinion

Bueneman v. City of Santa Barbara

  • 8 Cal. 2d 405
  • 65 P.2d 884
  • 109 A.L.R. 895
  • 1937 Cal. LEXIS 504
Court
California Supreme Court
Filed
Feb 27, 1937
Status
Published
Author
Seawell
On the bench
Edmonds, Seawell
Cited by
45 cases
Authority
More cited than 11.3%

statutory provision precluding courts from enjoining execution of public laws for public benefit does not apply to claims that a taxing statute is unconstitutional

How later courts described this case

  • statutory provision precluding courts from enjoining execution of public laws for public benefit does not apply to claims that a taxing statute is unconstitutional

Written by the judges who cited it.

The opinion

SEAWELL, J., Dissenting.

I dissent.

I am of the opinion that the rule enunciated in Ex parte Haskell, 112 Cal. 412 [ 44 Pac. 725 , 32 L. R. A. 527], E. A. Hoffman Candy Co. v. City of Newport Beach, 120 Cal. App. 525 [ 8 Pac. (2d) 235 , California F. S. Co. v. Santa Monica, 206 Cal. 714 [ 275 Pac. 948 ], and Richmond Linen Co. v. Lynchburg, 160 Va. 644 [ 169 S. E. 554 ], is controlling. Those cases, in my opinion, clearly establish that the ordinance of *416 Santa Barbara under consideration herein does not unlawfully discriminate between classes, and is a reasonable exercise of municipal power. Once it is conceded, as docs the majority opinion, that the power exists to classify between inside and outside businesses, then the sole question is whether the particular ordinance is reasonable. The mere fact that inside business is not taxed at all under the present ordinance is immaterial. The question is simply one of degree.

Langdon, J., concurred.

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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