Sacramento County Fire Protection District v. Sacramento County Assessment Appeals Board II

Good Law
1999 Cal. App. LEXIS 879·75 Cal. App. 4th 327·89 Cal. Rptr. 2d 215·99 Daily Journal DAR 10255·99 Cal. Daily Op. Serv. 8086
Court of Appeal of CaliforniaSeptember 29, 1999No. C026451California3,096 words

Opinion

lead Opinion

Davis, J.

*330 Opinion

In this appeal from a demurrer sustained without leave to amend, we conclude that a fire protection district lacks standing to seek a writ of mandate against a county assessment appeals board after the board upheld a lower assessed valuation for a taxpayer’s real property. Accordingly, we affirm.

Background

Because this is a demurrer proceeding, we accept as true the allegations of the petition for writ of mandate/administrative mandate. (Carsten v. Psychology Examining Com. (1980) 27 Cal.3d 793, 795 [ 166 Cal.Rptr. 844 , 614 P.2d 276 ] (Carsten).)

The petition alleges as follows. The taxpayer in this matter, AerojetGeneral Corporation (Aerojet), owns nearly 10,000 acres of land and improvements in Sacramento County.

Around 1980, substantial contamination was discovered on Aerojet’s property. Because of the contamination, Aerojet sought to reduce its assessed property valuation for the years 1988-1989 through 1995-1996. After a hearing in 1996, the Sacramento County Assessment Appeals Board II (the Board) accepted a stipulation between Aerojet and the Sacramento County Assessor (the Assessor) which reduced Aerojet’s assessed valuation for each of those years from…

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