Wright

Revenue and Taxation Code 1 section 69.5, which implements Proposition 60, enacted by voters in 1986, allows qualified homeowners over 55 years of age to transfer *518 the property tax basis of their principal residence to a replacement dwelling of equal or lesser value in the same county. (Stats. 1987, ch. 186, § 1; Cal. Const., art. XIII A, § 2, subd. (a).) The purpose of the legislation is to provide tax relief to qualified homeowners. ( Ibid. )

Here, the County of San Mateo (county) determined that plaintiffs Richard S. Wright and Susan M. Hansch, who are otherwise qualified under the statute, are not entitled to transfer the property tax basis from their original home to a newly constructed replacement home because they formed a limited liability company (LLC) to purchase the land on which they installed the manufactured replacement home that they purchased. Plaintiffs brought this action challenging the county's determination, and the trial court granted the county's motion for summary judgment. The court reasoned that the use of the LLC to construct the replacement home precluded plaintiffs' claim for tax relief as a matter of law. On appeal, plaintiffs argue, among other…