Consolidated Fire Protection Dist. v. HOWARD JARVIS TAXPAYERS'ASS'N
Opinion
Opinion
Croskey, J.
Plaintiffs Consolidated Fire Protection District of Los Angeles County and P. Michael Freeman, who is not only the forester and fire warden of Los Angeles County, but also the owner of real property within the fire protection assessment district (collectively Fire District), filed a complaint to validate (1) a resolution by Fire District’s.governing board, which resolution permitted a levy of a fire suppression assessment without any voter approval of the assessment, and (2) the levy and collection of such assessment.
Defendants, the Howard Jarvis Taxpayers’ Association, David Hensley and Joel Silverman (collectively Taxpayers’ Association), answered the complaint and alleged that the resolution was passed after the effective date of Proposition 218 and the effective date of article XIII D of the California Constitution, and that it therefore envisioned a violation of the California Constitution. Taxpayers’ Association alleged that the resolution was not adopted according to law, and the complaint failed to state a cause of action because the ordinance and subject resolution had been superseded by lawfully enacted provisions of the California Constitution.