Security Truck Line v. City of Monterey

• Decision Date: 28 May 1953
• Docket Number: Nos. 15230,15367 and 15704,s. 15230
• Citation: Security Truck Line v. City of Monterey, 117 Cal.App.2d 441, 257 P.2d 755 (Cal. App. 1953)
• Parties: SECURITY TRUCK LINE v. CITY OF MONTEREY et al. Civ.
• Court: California Court of Appeals

Page 755

257 P.2d 755

117 Cal.App.2d 441

SECURITY TRUCK LINE v. CITY OF MONTEREY et al.

Civ. Nos. 15230, 15367 and 15704.

District Court of Appeal, First District, Division 1, California.

May 28, 1953.

Rankin, Oneal, Luckhardt, Center & Hall, San Jose, for appellants, City of Monterey and others.

Russell Zaches, Monterey, for respondent Security Truck Line.

PETERS, Presiding Judge.

In denying this petition for rehearing we reiterate that the reason why we have held that the challenged portion of the statute is invalid is that it is unconstitutionally discriminatory, in that the classification contained therein is not based on any valid or constitutional distinction, and is arbitrary. What is said in the opinion as to the 'fairness' of the tax or as to 'public policy' relates only to the constitutional question of the reasonableness of the classification. While a city has wide discretion in making classifications for tax purposes, Fox etc. Corp. v. City of Bakersfield, 36 Cal.2d...