Laufer v. CityMorroBay
Appellants, own homes in the Cloisters housing development in Morro Bay. They are subject to a special assessment for maintenance of a park, open space, medians and parkways in the subdivision. They contend they do not receive special benefits from the assessments beyond those enjoyed by the general public. In a complaint for injunctive and declaratory relief, appellants challenged the 2004/2005 assessment as improper under the Landscaping and Lighting Act of 1972 (the Act) (Sts. & Hy. Code, 22500 et seq.)[1]and Article XIII D of the California Constitution (added by Initiative Measure Prop. 218, 4, approved Nov. 5, 1996).
Court affirm judgment entered against appellants after denial of their motion for writ of administrative mandamus. The special assessment is valid under the Act. It is also not subject to the procedure and approval processes of Section XIII D, as appellants now concede.
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