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Shaw v. People ex rel John Chiang, No. C058479

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By FindLaw Staff on July 01, 2009 5:01 PM

In an action related to California's state budgetary process, trial court judgment is affirmed in part and reversed in part where: 1) the Legislature's amendment of Revenue and Taxation Code sec. 7102 is invalid and thus most of the Legislatures appropriations of Public Transportation Account spillover gas tax revenue for the 2007-08 budget year are invalid because they do not serve a transportation planning or mass transportation purpose; and 2) the court properly rejected the Legislature's transfer of $409 million from the Public Transportation Account to the General Fund for past debt service payments on Proposition 108 bonds as not being consistent with the purposes of the Public Transportation Account.    

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Appellate Information
APPEAL from a judgment of the Superior Court of Sacramento County, Jack Sapunor, Judge. Affirmed in part and reversed in part.
THIRD APPELLATE DISTRICT
Filed: June 30, 2009

Judges
Before CANTIL-SAKAUYE, J., NICHOLSON, Acting P.J., RAYE, J.
Opinion by CANTIL-SAKAUYE, J.

Counsel
For Plaintiff: Nielsen, Merksamer, Parrinello, Mueller & NaylorRichard D. Martland, Kurt Oneto, James R. Parrinello, Chris Skinnell.

For Defendant: Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Senior Assistant Attorney General, Constance L. Lelouis, Supervising Deputy Attorney General, Daniel J. Powell, Deputy Attorney General.

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