HomeMy WebLinkAbout1993-01-26; City Council; 12043; Amicus BriefC'-Y OF CARLSBAD - AGEN -1 BILL
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-REQUEST BY THE CITY OF BERKELEY FOR DEPT. HD.
AMICUS SUPPORT IN THE CASE FISHER V. CITY OF BERKELEY CITY MO
RECOMMENDED ACTION:
It is recommended that the City join as amicus in support of the City of Berkeley in the case Fisher v. City of Berkeley.
ITEM EXPLANATION
The City of Berkeley has requested we join as amicus in
support of its real property transfer tax which is being
challenged on both constitutional and statutory grounds. If
the challenge were successful, it would undermine the
financial foundation upon which many California cities have
relied.
an adverse ruling would have a great significance to it and
all California cities since it is an unconstitutional
impairment of a city's vital taxation power. The League of
California Cities has recommended that cities join as amicus
in this case.
Although Carlsbad does not have such a tax in place,
FISCAL IMPACT
Other than minor expenditures of staff time, there will be no fiscal impact in joining as amicus.