Los Angeles Railway Corp. v. Flood Control District

Good Law
1926 Cal. App. LEXIS 225·78 Cal. App. 173·248 P. 532
Court of Appeal of CaliforniaMay 26, 1926Docket No. 5561.California3,085 words

Opinion

lead Opinion

Nourse, J.

The plaintiff commenced this action to recover taxes paid under protest to the Los Angeles County Flood Control District, a public corporation. A demurrer to the complaint was sustained and this was followed by a judgment in favor of the defendants from which the plaintiff has appealed on the judgment-roll.

The complaint alleged that the plaintiff was a public utility corporation engaged within the boundaries of the Flood Control District in the business of transporting passengers for hire; that the District was created under the “Los Angeles Flood Control Act” (Stats. 1915, p. 1502) ; that, acting under the provisions of section 10 and 14 of said act, the board of supervisors of Los Angeles County levied for each fiscal year from 1916 to 1919-20, inclusive, a special tax on the real property in the District for the purpose of paying the interest and a portion of the principal on bonds theretofore issued by the District, said tax being levied upon all the real property in the District appearing on the assessment-roll prepared by the county assessor for each fiscal year mentioned; that the taxes levied against the plaintiff’s operative real property for the fiscal years 1916-17,…

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