Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

No qualified electors here, folks

Convention-center expansion plan has to go to the ballot

San Diego's strategy to levy a tax on hotels in order to pay for the expansion of the convention center not only violates California's state constitution but municipal law as well, ruled the Fourth District Appellate Court yesterday, August 1.

The court overturned Superior Court judge Ronald Prager's earlier decision that allowed hotel owners and not the general public to pass the assessment.

The appeal is considered a blow to some city leaders, who had banked on the tax as a way to pay for a massive expansion of the downtown convention center.

Sponsored
Sponsored

"We conclude that the election was invalid under the California Constitution because such landowners and lessees are neither 'qualified electors' of the City for purposes," reads the ruling. "We further conclude that the election was invalid under the San Diego City Charter because City Charter section 76.1 (section 76.1) requires the approval of two-thirds of the 'qualified electors' ...those persons who are registered to vote in general state elections under state law. Accordingly, we reverse the trial court's judgment validating the special tax and remand the matter to the trial court with directions to enter judgment against the City."

Judges on the appellate court cited Article XIII of the California constitution, which bars local governments from imposing, extending, or increasing "any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote."

Attorneys for the city argued that hotel owners could be considered "qualified electors" and that since the tax did not impact the entire electorate there was no need for a public vote.

That argument, among many others made by the city, didn't fly with the court.

"We are aware of no authority, and the City has cited none, that suggests that the phrase 'qualified electors' has ever been used generically to describe a group of persons entitled to vote based on qualifications other than those specified by our state Constitution….

"In seeking to uphold the special tax election in this case, the City does not provide any argument based on the text of the relevant constitutional provisions, their constitutional histories, or the intent of the voters in enacting these provisions. For the reasons described above, these traditional sources of constitutional interpretation overwhelmingly support the conclusion that the special tax election in this case was invalid because the City's registered voters were not permitted to vote in the election."

The city has been ordered to pay the attorneys' fees for appellants Melvin Shapiro and San Diegans for Open Government. The ruling will now be sent back to judge Ronald Prager for validation.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

March is typically windy, Sage scents in the foothills

Butterflies may cross the county
Next Article

Angry Pete’s goes from pop-up to drive-thru

Detroit Pizza sidles into the husk of a shuttered Taco Bell

San Diego's strategy to levy a tax on hotels in order to pay for the expansion of the convention center not only violates California's state constitution but municipal law as well, ruled the Fourth District Appellate Court yesterday, August 1.

The court overturned Superior Court judge Ronald Prager's earlier decision that allowed hotel owners and not the general public to pass the assessment.

The appeal is considered a blow to some city leaders, who had banked on the tax as a way to pay for a massive expansion of the downtown convention center.

Sponsored
Sponsored

"We conclude that the election was invalid under the California Constitution because such landowners and lessees are neither 'qualified electors' of the City for purposes," reads the ruling. "We further conclude that the election was invalid under the San Diego City Charter because City Charter section 76.1 (section 76.1) requires the approval of two-thirds of the 'qualified electors' ...those persons who are registered to vote in general state elections under state law. Accordingly, we reverse the trial court's judgment validating the special tax and remand the matter to the trial court with directions to enter judgment against the City."

Judges on the appellate court cited Article XIII of the California constitution, which bars local governments from imposing, extending, or increasing "any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote."

Attorneys for the city argued that hotel owners could be considered "qualified electors" and that since the tax did not impact the entire electorate there was no need for a public vote.

That argument, among many others made by the city, didn't fly with the court.

"We are aware of no authority, and the City has cited none, that suggests that the phrase 'qualified electors' has ever been used generically to describe a group of persons entitled to vote based on qualifications other than those specified by our state Constitution….

"In seeking to uphold the special tax election in this case, the City does not provide any argument based on the text of the relevant constitutional provisions, their constitutional histories, or the intent of the voters in enacting these provisions. For the reasons described above, these traditional sources of constitutional interpretation overwhelmingly support the conclusion that the special tax election in this case was invalid because the City's registered voters were not permitted to vote in the election."

The city has been ordered to pay the attorneys' fees for appellants Melvin Shapiro and San Diegans for Open Government. The ruling will now be sent back to judge Ronald Prager for validation.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

20 Best Online Casinos USA For Real Money (2024 List)

USA Online Casinos: Top 20 Online Casino Sites of 2024
Next Article

2024’s Best Bitcoin & Crypto Casinos – Play BTC Casino Games Online

Best Bitcoin Casinos (2024): Top 10 Crypto Casino Sites for BIG Payouts
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.