California Supreme Court Watch

Aug 12, 2020
Zolly v. City of Oakland, S262634.

#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, ยง 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.