RECENT CALIFORNIA DECISIONS

July 2009

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Second District Upholds City’s Formation of a Special Assessment District—Finds Compliance with California Constitution Article XIII D
Dahms v. Downtown Pomona Property, ___Cal. App.4th___

This case concerns the formation of a special assessment district—the Downtown Pomona Property and Business Improvement District (PBID)—by the City of Pomona (Pomona) in 2004. The PBID levies assessments on properties within the downtown area to fund certain services for the properties within PBID’s boundaries. On remand from the California Supreme Court, the Second District Court of Appeal applied the independent judgment standard of review in determining whether the assessments violated article XIII D of the California Constitution. The court held that the hearing on the assessments was not premature and that the assessments did not violate article XIII D.