National Exhibition Co. v. City & County of San Francisco

Appellant appeals from summary judgment of the San Francisco Superior Court in favor of respondents.

Questions Presented

1. Are there any issues of fact?

2. Is the stadium operator admission tax imposed on appellant in violation of the city’s agreements with the Giants?

3. Did the trial court err in dismissing the complaint?

Record

Appellant filed a complaint against respondents City and County of San Francisco, its recreation and park commission and San Francisco Stadium, Inc., seeking declaratory and injunctive relief. The complaint alleged: (1) Respondents, in order to procure a major league baseball team to operate within its confines, enticed the Giants to- move to San Francisco, one of the inducements being the unqualified promise to build and maintain, entirely at its cost, a first class, multi-purpose stadium. (2) The Giants, placing their full faith and trust in the words, promises, and commitments of respondents, moved to San Francisco, investing substantial sums of money in the move and undertaking to perform their part of a lease agreement entered into by the Giants. (3) The lease, among other things, provides in paragraph 16 that changes and…