Town of Tiburon v. Bonander, No. A119918

In plaintiff-property owners' suit against a town challenging its supplemental assessment to place overhead utility lines underground, trial court's judgment in favor of the town is reversed as the supplemental assessment fails to satisfy the proportionality requirement imposed by article XIII D of the California Constitution which mandates that no assessment shall exceed the reasonable cost of the proportional special benefit conferred on a parcel. 

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Appellate Information

Filed December 31, 2009

Judges

Opinion by Judge McGuiness

Counsel
For Appellant:   Frank Mulberg and Brett D. Mulberg

For Appellee:   McDonough Holland & Allen PC, Thomas R. Curry and Andrea S. Visveshwara; Ann R. Danforth, Town Attorney