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BAY AREA CELLULAR TELEPHONE v. CITY OF UNION CITY

No. A114956.

75 Cal.Rptr.3d 839 (2008)

162 Cal.App.4th 686

BAY AREA CELLULAR TELEPHONE COMPANY et al., Plaintiffs and Respondents, v. CITY OF UNION CITY, Defendant and Appellant.

Court of Appeal of California, First District, Division Four.

April 29, 2008.

Attorney(s) appearing for the Case

Michael S. Riback, Joseph M. Quinn, Michael T. O'Flannigan, Meyers, Nave, Riback, Silver & Wilson, Oakland, for Appellant.

David Colker, David F. Gross, Stephen Chiari, DLA Piper U.S. LLP, East Palo Alto, for Respondents.

Dennis J. Herrera, San Francisco City Attorney, Buck Delventhal, Chief Government Team Deputy, Julie K. Van Nostern, Chief Tax Team Deputy, Danny Chou, Chief of Appellate Litigation, Jean H. Alexander, Deputy City Attorney, for Amici Curiae for Appellant.

Harold Griffith, for Amicus Curiae for Respondents.

RIVERA, J.

This case presents the question of whether a fee imposed on telephone lines by defendant City of Union City (the City) to fund its 911 emergency communication system is a special tax that must be approved by two-thirds of the voters in the City. The trial court ruled it was a tax, and entered judgment against the City and in favor of the plaintiffs in this action for declaratory relief.1...

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