La Paloma Generating Co. v. Cal. State Bd. of Equalization CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. The Property and Its Taxes

A. The power plant Starting in 2003, La Paloma Generating Company, LLC (La Paloma) operated a four-turbine, gas-fueled power plant in the County. The 400-acre site was spread over 10 different parcels for the assessment of property taxes. B. Property tax assessments Because La Paloma operated an electric generating facility, the calculation of its property taxes is divided between the Board and the County: The Board is responsible for assessing the value of the property, and the County is responsible for calculating and then collecting the property tax from La Paloma based on that assessed value. (Cal. Const., art. XIII, § 19; Rev. & Tax. Code, §§ 721.5, 755-756, 758.)1 The Board assessed the value of La Paloma’s property for tax years 2012 through 2016—the pertinent tax years in this case—as follows:

Tax Year Assessment 2012 $401,900,000 2013 $333,300,000 2014 $300,200,000 2015 $290,800,000 2016 $168,800,000

The County calculated and then billed La Paloma the corresponding property tax amounts. La Paloma paid the full

All further statutory references are to the…