California Supreme Court Watch

#20-209 Zolly v. City of Oakland, S262634. (A154986; 47 Cal.App.5th 73; Alameda County Superior Court; RG16821376.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case presents the following issue: Must city franchise fees that are subject to California Constitution, article XIII C, be reasonably related to the value of the franchise?

Review granted: 8/12/2020

Case fully briefed: 2/22/2021 (supplemental briefs ordered by the Court; reply to supplemental brief filed 4/25/2022)

The Supreme Court directed the parties to serve and file supplemental letter briefs addressing the following questions: (1) Does Cal. Const., art. XIII C, § 1, subdivision (e)(4) apply to the fees paid under the waste management contracts at issue in this case, and if so, why? (2) Are any other exemptions within article XIII C applicable to these fees?

Cause argued and submitted: 5/24/2022

See the California Court of Appeal Opinion.

See the Petition for Review.