Capistrano Taxpayers v. City of San Juan Capistrano

Filed 5/19/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

CAPISTRANO TAXPAYERS

ASSOCIATION, INC.,

G048969

Plaintiff and Respondent, (Super. Ct. No. 30-2012-00594579) v.

ORDER MODIFYING OPINION;

CITY OF SAN JUAN CAPISTRANO, NO CHANGE IN JUDGMENT

Defendant and Appellant.

On May 6, 2015, the defendant in this case, City of San Juan Capistrano, called “City Water” in the published opinion, filed a petition for rehearing of the court’s decision of April 20, 2015. On May 11, City Water formally requested withdrawal of the petition for rehearing. The request is now GRANTED. The opinion in this case filed April 20, 2015, is hereby modified in the following particulars: 1. On page 4, after the word “parcel” in the paragraph at the top, remove the period and add the following to complete the sentence: “ – at least without a vote of the electorate.” 2. On page 4, in the paragraph that begins at the bottom, “In February 2011” should read “in February 2010.” 3. On page 10, in the last full paragraph, delete “Water Code” and replace with “Government Code.” 4.…