RECENT CALIFORNIA DECISIONS

April 2007

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First District Finds Property Owners’ Proposition 218 Challenge to Special Assessment Is a Validation Action that Must Comply with Special Procedures for Service of Process
Bonander et al. v. City of Tiburon, et al., ___Cal.App.4th___

On January 31, 2007, the First District Court of Appeal for California held that a lawsuit filed by several property owners, challenging a special assessment approved by the Town of Tiburon, was in the nature of a validation action pursuant to Code of Civil Procedure § 860 et seq., and must comply with the procedures for notice and service of process proscribed therein. The failure of the property owners to comply with these requirements deprived the court of jurisdiction to hear the matter and the lawsuit was dismissed.