Ventura Group Ventures, Inc. v. Ventura Port District

MEMORANDUM *

We certified two questions to the Supreme Court of California:

*678 The Supreme Court of California accepted certification and held:

Ventura Group Ventures, Inc. v. Ventura Port Dist., 24 Cal.4th 1089, 1104, 1108 , 104 Cal.Rptr.2d 53 , 16 P.3d 717 (Cal.2001).

This response makes clear that Ventura Port District may not raise property taxes higher than one percent or impose a special assessment under Harbors and Navigation Code § 6365(d)(2) to satisfy Ventura Group Ventures’ money judgment against it.

Ventura Group Ventures also contends that the district court’s interpretation of Proposition 13 preventing the imposition of additional property taxes to satisfy judgments violates the guarantee of a republican form of government in violation of U.S. Const, art. IV, § 4. “A challenge based on the Guarantee Clause, however, is a nonjusticiable political question.” Murtishaw v. Woodford, 255 F.3d 926, 961 (9th Cir.2001).

For these reasons, the judgment of the district court is AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

. Ventura Group…