Collier

Collier v. City and County of San Francisco

Good Law
151 Cal. App. 4th 1326·2007 Cal. App. LEXIS 961·60 Cal. Rptr. 3d 698
Court of Appeal of CaliforniaJune 12, 2007A113171California10,379 words

Opinion

Opinion

Parrilli, J.

In this appeal, we consider whether the transfer of certain building permit fee revenues from the San Francisco Department of Building Inspection to the San Francisco Planning and Fire Departments violated California Constitution, article XIII A, section 4 (article XIII A, section 4); Government Code section 50076; and the City and County of San Francisco Charter, article IX, section 9.113 (general fiscal provisions) (charter section 9.113). Appellant Stephen Collier seeks a taxpayer’s injunction, mandamus and other declaratory relief against respondents City and County of San Francisco, its mayor, controller and board of supervisors (collectively, San Francisco) based on those allegedly improper building permit fee revenue transfers. Both parties filed motions for summary judgment. The trial court granted summary judgment to San Francisco, prompting this appeal.

FACTUAL AND PROCEDURAL BACKGROUND

The following facts are taken from the record before the trial court when it ruled on the parties’ motions for summary judgment. (Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 65 [ 99 Cal.Rptr.2d 316 , 5 P.3d 874 ].) We consider all the evidence set forth in the parties’…

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